RFQ - 6982AF21Q000011 Revegatation - Beckwourth Genesee Road.pdf

REQUEST FOR QUOTE (RFQ)

SOLICITATION NUMBER: 6982AF21Q000011

RFQ Issue Date: August 11, 2021

RFQ Closing Date: August 16, 2021

PROJECT NAME: Beckwourth - Genesee Road

CA FLAP 111(1)

Revegetation Services

Vendors will not be reimbursed for any costs incurred in developing submissions in response to this RFQ.

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 360

LAKEWOOD, COLORADO 80228

Table of Contents

SECTION 1 - REQUEST FOR QUOTE

SECTION 2 - DESCRIPTIONS AND SPECIFICATIONS

SECTION 3 - DELIVERABLES

SECTION 4 - ORDER ADMINISTRATION DATA

SECTION 5 - CONTRACT PROVISIONS AND CLAUSES

SECTION 6 - QUOTATION PREPARTION INSTRUCTIONS

SECTION 7 - EVALUATION FACTORS FOR AWARD

SECTION 1 - REQUEST FOR QUOTE

This Request for Quote (RFQ) is issued in accordance with FAR Part 12 (“Acquisition of Commercial Items”) and FAR Part 13 (Simplified Acquisition Procedures). The NAICS code is 541620 Environmental Consulting Services.

1.1 CONTRACT TYPE

The requirement will be awarded as a firm-fixed price.

1.2 SERVICES AND SUPPLIES

The required services of the Statement of Work shall be provided in accordance with the requirements specified in Section 2.

1.3 PERIOD OF PERFORMANCE

A tentative start date of the Period of Performance (POP) is 09/14/2021. The project completion date is October 29, 2021.

SECTION 2 - DESCRIPTIONS AND SPECIFICATIONS

2.1 STATEMENT OF WORK

GENERAL

The Federal Highway Administration (FHWA), Central Federal Lands Highway Division (CFLHD) has a requirement for revegetation of areas located on the Beckwourth – Genesee Road. The route begins at California State Highway 70 at Beckwourth, CA and traverses in a northerly direction to a junction with Primary Forest Route 70.

WORK REQUIRED

This Scope of Work (SOW) is to perform Biotic soil amendment, seeding, bonded fiber matrix, grading, and erosion control operations. The areas to be revegetated lie on United States Forest Service property. All areas are adjacent to and accessible from the Beckwourth – Genesee Road (Refer to plan sheets for locations) and temporary traffic control will be required to perform the work.

The project completion date is October 29, 2021.

PRICE LIST

The Contractor shall submit the unit price list for each Item described below.

CA FLAP 111(1) Beckwourth - Genesee Road Revegetation Services

Item Description Pay Unit

Unit Price

Plan Quantity Allowance Total Bid

Quantity Total Item Cost

1 Mobilization & Demobilization LPSM ALL ALL

2 Biotic Soil Amendment and Seeding - Hydraulic Method ACRE 9 1 10

3 Fiber Rolls LNFT 11530 70 11600

4 Bonded Fiber Matrix ACRE 9 1 10

5 Bulldozer (Track), 200HP Minimum Flywheel Power HOUR 50 50

6 Temporary Traffic Control LPSM ALL ALL

Total Price

WORK PERFORMANCE SPECIFICATIONS, QUALITY STANDARDS AND REPORTING

REQUIREMENTS

The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items or services necessary to perform the work. Work performed specific to this solicitation shall be conducted in accordance with all terms and conditions meeting the solicitation as well as all local, state and federal regulations.

Definitions.

The following definitions apply to this contract:

Award — The written offer by the CO.

Clear Zone — The portion of the roadside, including the shoulder, available for the safe use by an errant vehicle in which the driver may regain control of the vehicle.

Commercial Certification — See Acceptance of Work section below.

Contract — The written agreement between the Government and the Contractor setting forth the obligations of the parties for the performance of and payment for the prescribed work.

Contracting Officer (CO) — An official of the Government with the authority to enter into, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Contract Modification — A written change in the terms of the contract. Contract modifications are of the following forms:

(a) Administrative change. A unilateral contract change, in writing, that does not affect the substantive rights of the parties (such as a change in the paying office or the appropriation data).

(b) Change order. A written order, signed by the CO, directing the Contractor to make a change that FAR Clause 52.243-4 Changes authorizes the CO to order without the Contractor's consent.

(c) Supplemental agreement. A contract modification that is accomplished by the signature of the CO (unilateral contract modification) or by the signature of the CO and the Contractor (bilateral contract modification).

Contractor — The individual or legal entity contracting with the Government for performance of prescribed work.

Contract Time — The specified time allowed for completion of contract work.

Government — The Government of the United States of America.

Hour — 60 minutes. Measure the actual number of hours ordered by the CO and performed by the Contractor.

Round portions of an hour up to the next half hour. Measure time in excess of 40 hours per week at the same rate as the first 40 hours.

Material — Substances specified or necessary to satisfactorily complete the contract work.

Measurement — The process of identifying the dimensions, quantity, or capacity of a pay item. See Measurement Section below for measurement methods, terms, and definitions.

Notice to Proceed — Written notice to the Contractor to begin the contract work.

Pay Item — A specific item of work for which a unit and price is provided in the contract.

Plans — The contract plans furnished by the Government showing the location, type, dimensions, and details of the work.

Right-of-Way — Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Roadway — In general, the portion of a highway, including shoulders, for vehicular use.Station — A precise location along a survey line.

Subcontract — The written agreement between the Contractor and an individual or legal entity prescribing the performance of a specific portion of the work.

Subcontractor — An individual or legal entity with which the Contractor sublets part of the work. This includes subcontractors in all tiers.

Substantial Completion —The point at which the project is complete such that all areas defined in the contract have had all specified revegetation operations performed and it can be safely and effectively used by the public without further delays, disruption, or other impediments. Superintendent — The Contractor's onsite representative who has authority to act for the Contractor and is responsible for directing and supervising construction operations on behalf of the Contractor.

Traveled Way — The portion of the roadway designated for the movement of vehicles, exclusive of shoulders.

Work — The furnishing of labor, material, equipment, and other incidentals necessary to complete the project according to the contract.

Control of Work.

Authority of the Contracting Officer (CO). The CO may delegate authority to representatives to decide on acceptability of work, progress of work, suspension of work, interpretation of the contract, and acceptable fulfillment of the contract. The term "CO" includes authorized representatives of the CO, including inspectors, acting within the limits of their authority as delegated by the CO.

Authority of Inspectors. Inspectors are authorized to inspect work including the preparation, fabrication, or manufacture of material for the project. The inspector is not authorized to alter or waive contract requirements, issue instruction contrary to the contract, act as foreman for the Contractor, or direct the Contractor's operations.

The inspector has authority to identify non-conforming work until the issue can be referred to and decided by the CO. The inspector may take necessary action to prevent imminent and substantial risk of death or injury including stopping work.

Acceptance of Work.

Acceptable work conforming to the contract will be paid for at the contract unit quote price. The following methods of determining conformity and accepting work are described below. The method of acceptance is specified in each work item description.

(A) Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract and prevailing industry standards.

(B) Certification For material manufactured off-site, use a manufacturer with an ISO 9000 certification or an effective testing and inspection system. Require the manufacturer to clearly mark the material or packaging with a unique product identification or specification standard to which it is produced.

Other than references in or to the FAR or Federal Law, when these Standard Specifications or Special Contract Requirements reference certifications, certificates or certified documents, equipment or individuals; these references refer to documentation of non-regulatory, peripheral contract requirements that are required to be validated by an individual or organization having unique knowledge or qualifications to perform such validation.

Check certifications before incorporating the material into the work to ensure that the requirements of the contract have been met. Mark the certifications with the following information:

• Project number and name;

• Contractor’s signature; and

• Date.

Material accepted by certification may be sampled and tested. If material is determined not to conform with the contract, the material will be rejected whether in place or not.

One of the following certifications may be required:

(1) Production certification. Material requiring a production certification is identified in the Acceptance Subsection of each Section. Submit a production certification from the manufacturer for each shipment of material. Include the following:

a) Date and place of manufacture;

b) Lot number or other means of cross-referencing to the manufacturer’s inspection and testing system; and

c) Substantiating evidence that the material conforms to the contract quality requirements as required by FAR 46.105(a)(4), including the following:

1) Test results on material from the same lot and documentation of the inspection and testing system;

2) A statement from the manufacturer that the material complies with the contract; and

3) Manufacturer’s signature or other means of demonstration accountability for the certification.

(2) Commercial certification. Submit one commercial certification for similar material from the same manufacturer.

A commercial certification is a manufacturer’s or Contractor’s representation that the material complies with the contract. The representation may be labels, catalog data, stamped specification standards, or supplier’s certifications indicating the material is produced to a commercial standard or specification.

(C) Measured or Tested Conformance. Perform necessary measurements and tests to ensure work complies with the contract. Use prevailing industry standards in the absence of contract requirements or tolerances. Submit measurements, tests, and supporting data for acceptance.

Measurement.

Units of measure for the work items are shown in the Price List Table above. Measure items according to the following:

Acre. 43,560 square feet. Measure area on the ground surface.

Lump sum. Do not measure directly. The bid amount is complete payment for all work described in the contract and necessary to complete the work for that item. The quantity is designated as "All." Estimated quantities of lump sum work shown in the contract are approximate.

Payment.

Payment for contract work is provided, either directly or indirectly, under the pay items listed in the price list.

(a) Direct payment. Payment is provided directly under a pay item listed in the price list when one of the following applies:

(1) The work is measured in the Measurement Subsection of the Section ordering the work and the price list contains a pay item for the work from the Section ordering the work.

(2) The Measurement Subsection of the Section ordering the work, references another Section for measuring the work and the price list contains a pay item for the work from the referenced Section.

(b) Indirect payment. Work for which direct payment is not provided is a subsidiary obligation of the Contractor. Payment for such work is indirectly included under other pay items listed in the price list. This includes instances when the Section ordering the work references another Section for performing the work and the work is not referenced in the Measurement Subsection of the Section ordering the work.

Compensation provided by the pay items included in the price list is full payment for performing contract work in a complete and acceptable manner. Risk, loss, damage, or expense arising out of the nature or prosecution of the work is included in the compensation provided by the pay items.

Work measured and paid for under one pay item will not be paid for under other pay items.

The quantities listed in the price list are approximate unless designated as a contract quantity. Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

Control of Material.

Remove dirt, plant, and foreign material from vehicles and equipment before mobilizing to the work site.

Prevent introduction of noxious weeds and non-native plant species into the work site. Follow applicable Federal land management agency requirements and state requirements. Maintain cleaning and inspection records. All vehicles and equipment entering the project work area must be clean of noxious weeds and free from oil leaks and are subject to inspection. Wash all construction equipment to thoroughly remove all dirt, plant, and other foreign material prior to entering the project. Particular attention must be shown to the under carriage of any surface where soil containing exotic seeds may exist. Provide the CO 10 days of notice for scheduling inspection of each piece of equipment before entering the project. Provide the cleaning and inspection records to the CO. equipment found operating on the project that has not been inspected, or has oil leaks will be shut down and subject to citation.

Submit a hazardous spill plan at least 2 days before beginning work. Describe preventative measures including the location of refueling and storage facilities and the handling of hazardous material. Describe actions to be taken in case of a spill.

Do not use equipment with leaking fluids. Repair equipment fluid leaks immediately. Keep absorbent material manufactured for containment and cleanup of hazardous material on the job site. Sand or soils are not approved absorbent materials.

Notify the CO of hazardous spills. Report the spill to the appropriate federal, state, and local authorities as required by the hazardous spill plan.

Item 1 – Mobilization and Demobilization

This work consists of moving personnel, equipment, material and incidentals to the project and performing all necessary work to mobilize and demobilize to and from the sites to perform all work included in this contract.

Item 2 – Biotic Soil Amendment and Seeding

This work consists of soil preparation and application of biotic soil amendment with seed. Remove weeds, sticks and other debris detrimental to application, growth or maintenance of the turf.

Submit manufacturer's product data and installation instructions to CFLHD for acceptance. Allow 10 days for CFLHD to review. Include required list of materials and application rate. Use a base application rate of 4000 lbs/acre treated unless soil tests or manufacturer recommendations require additional material for the location.

Deliver materials and products in factory labeled packages. Store and handle in strict compliance with manufacturer's instructions and recommendations. Protect from damage due to weather, excessive temperatures, and construction operations.

Provide a biotic soil amendment that is composed of non-toxic materials and certified to be weed seed free, and contains compounds such as:

• Biochar

• Humus/Humic Acid

• Mycorrhizae Fungi

• Seaweed Extract

• Trace Elements

• Growth Stimulators

• Beneficial Micro-organisms

• Micronutrients

• Organic Growth Medium

Biotic soil amendment shall meet the following performance and physical requirements:

*Visual

Inspection: Acceptance is based on visual inspection of the work for compliance with the contract and prevailing industry standards.

Apply biotic soil amendment on areas as shown on the plan sheets and in accordance with manufactures recommendations. Apply biotic soil amendment at a rate of 4000/lbs per acre. Apply seed with biotic soil amendment unless manufacturer’s instructions indicate otherwise. Do not till into soils.

Acceptance of biotic soil amendment is based on submitted testing data, certification and visual inspection of the work for compliance with contract and prevailing industry standards.

When measuring accepted area of biotic soil amendment for payment, measure area on the ground surface by the acre (43,560 square feet).

This work also consists of seeding the identified areas during the application of the biotic soil amendment. Do not seed during windy weather or when the ground is excessively wet, frozen or snow covered.

Provide at least 7 days notice before the start of seeding. The Government will furnish the seed. The final seed locations will be verified by the CO in the field prior to placement.

The government furnished seed will be available and shall be pick up by the Contractor at Comstock Seed, 917 Highway 88, Gardnerville, NV 89460. Phone Number: 775-265-0090.

Use an application rate of 25 PLS/Acre.

Apply the seed by hydraulic method. Use hydraulic-type equipment capable of providing a uniform application using water as the carrying agent. Add the seed to the water slurry no more than 30-minutes before application. Seed by hand areas inaccessible to seeding equipment.

Property Test Method Desired Results

Physical

Color Visual Inspection* Naturally colored brown or black to contrast area, shall not stain concrete or painted surfaces

Organic Matter ASTM D586 85% minimum

Acute Toxicity ASTM 7101 & EPA Method 2021.0 Non-toxic pH ASTM D1293 5.0 - 8.5

C:N Ratio ASTM E1508 10:1 minimum 100:1 maximum

Water Holding Capacity ASTM D7367 400% minimum

Moisture Content ASTM 2974 10% minimum, 50% maximum

Endurance

Functional Longevity Visual Inspection* Grass established in 3 months

Performance

Vegetation Establishment ASTM 7322 400% minimum

Perform all seeding between September 15 and October 15.

Seed all disturbed areas prior to mulching.

Acceptance of seeding is based on measured or tested conformance and visual inspection of the work for compliance with contract and prevailing industry standards.

When measuring accepted area of seeding for payment, measure area on the ground surface by the acre (43,560 square feet).

Item 3 – Fiber Roll

This work consists of furnishing, constructing, and maintaining soil erosion and sediment control devices to eliminate or minimize pollutants in stormwater discharges from the project. This work also includes the removal and disposal of existing sediment logs on the slopes.

Install fiber rolls on finished seeded and mulched slopes as shown in the plans.

(a) Excelsior fiber rolls. Furnish fiber rolls of curled excelsior fiber rolled into a cylindrical shape and encased in a tubular netting.

(b) Straw fiber rolls. Furnish straw fiber rolls that are manufactured from certified weed free straw and wrapped in a tubular mesh.

(c) Tubular mesh for fiber rolls. Mesh material is required to be biodegradable. Fill according to manufacturer’s recommendations.

Measurement.

Measure temporary soil stabilization on the ground surface.

Item 4 – Bonded Fiber Matrix

This work consists of applying bonded fiber matrix to specified areas as shown on the plan sheets, after soil amendment and seeding has been completed.

Apply bonded fiber matrix hydraulic mulch at a minimum rate of 3000 pounds per acre. Apply so no hole in the matrix is greater than 0.04 inches. Apply so that no gaps exist between the matrix and the soil.

Furnish a mixture of fibers and bonding agent which, when hydraulically applied and dried, produce a matrix conforming to the following:

(1) Does not dissolve or disperse when wetted;

(2) Holds at least 10 ounces of water per ounce of dry matrix;

(3) Has no germination or growth inhibiting factors;

(4) Forms no water insensitive crust;

(5) Contains material that is 100 percent biodegradable; and

(6) Is colored with a green dye non-injurious to plant growth.

Acceptance of bonded fiber matrix is based on submitted testing data, certification and visual inspection of the work for compliance with contract and prevailing industry standards.

When measuring accepted area of bonded fiber matrix for payment, measure area on the ground surface by the acre (43,560 square feet).

Item 5 – Rental Equipment

This work consists of furnishing a Bulldozer (Track), 200HP Minimum Flywheel Power for grading of slopes to correct rills, gullies. Grade existing slopes to remove rills and gullies where directed by the CO. Track graded slopes and other areas as directed by the CO prior to seeding.

Protect the roadway pavement while moving tracked equipment. The contractor will be responsible for repairs to any damage at no cost to the government.

Item 6 – Temporary Traffic Control

This work consists of furnishing, installing, maintaining, relocating, and removing temporary traffic control devices and services as ordered for the control and protection of public traffic through the project.

For alternate one-way traffic control, provide a minimum lane width of 10 feet.

Limit construction-caused delays to public traffic to a minimum of 30 minutes per passage through the project.

Perform no work from Noon on Friday to 6:00 am on Monday, and on Labor Day September 6.

Conform to the MUTCD and the following:

Flagger Qualifications and Requirements. Provide flaggers certified by ATSSA, the National Safety Council, a state department of transportation, or other acceptable organization. Use Type III, IV, VIII, IX, or XI retroreflective sheeting on flagger paddles. Do not use flags. Perform the work described under MUTCD Part

6. Use fluorescent retroreflective sheeting on the “SLOW” side of the flagger paddle.

General. Furnish, install, and maintain temporary traffic control devices adjacent to and within the project as required by the MUTCD, traffic control plan, and Section 156. Install and maintain traffic control devices as follows:

(a) Furnish and install traffic control devices before the start of construction operations;

(b) Install only those traffic control devices needed for each stage or phase;

(c) Relocate temporary traffic control devices as necessary;

(d) Remove devices that no longer apply to the existing conditions;

(e) Immediately replace devices that are lost, stolen, destroyed, or inoperative;

(f) Keep temporary traffic control devices clean;

(g) Furnish and maintain traffic control devices that meet the "acceptable" standard described in ATSSA, Quality Standards for Work Zone Traffic Control Devices. Amend the ATSSA standards as follows:

(1) Repair or remove and replace "marginal" devices within 48 hours; and

(2) Repair or remove and replace "unacceptable" devices immediately;

(h) Remove temporary traffic control devices upon contract completion or when approved; and

(i) Furnish crashworthy temporary traffic control devices.

Cones and Tubular Markers. Use cones or tubular markers of the height specified or according to the MUTCD.

Use Type III or Type VI retroreflective sheeting.

Construction Signs. Fabricate and install sign panels according to the following:

(a) Fabrication.

(1) Panels. Cut panels to dimension shown and place holes before applying retroreflective material. Do not field drill holes in panels.

Clean and degrease the face of the metal panels using methods recommended by the retroreflective sheeting manufacturer before applying retroreflective sheeting.

Wipe plastic panels clean with a slightly dampened cloth before applying retroreflective sheeting.

Abrade, clean, and degrease the face of the plywood panels using methods recommended by the retroreflective sheeting manufacturer before applying reflective sheeting. Treat plywood panel edges with sealant.

Join extruded aluminum panel sections with panel nuts, bolts, and washers to achieve the desired sign size. Use 6- and 12-inch plate heights to achieve the sign panel vertical dimensions in increments of 6 inches. Do not include more than one 6-inch plate per sign.

Use retroreflective sheeting as specified and according to ASTM D4956. For roadside signs, use Type III, IV, VIII, IX, or XI prismatic retroreflective sheeting. Use fluorescent yellow sheeting for warning signs. Use fluorescent yellow-green sheeting for pedestrian, bicycle, and school crossing signs.

For multilane or overhead guide signs, use Type III or Type IV prismatic retroreflective sheeting for the background and Type IX or Type XI retroreflective sheeting for the legend.

For parking lot and non-roadway signs, Types I and Type II retroreflective sheeting may be used.

(2) Legends and borders. Form letters, numerals, and other units to provide a continuous stroke width with smooth edges. Make the surface flat and free of warp, blisters, wrinkles, burrs, and splinters. Do not fabricate letters, numerals, arrows, symbols, or borders using a red screen ink process.

Conform to one of the following techniques:

(a) Type L-1 (screen process). Apply letters, numerals, arrows, symbols, borders, and other features on the sign background by direct or reverse screen process. Apply messages and borders of a color darker than the sign background by the direct process. Apply messages and borders of a color lighter than the sign background by the reverse screen process.

Apply screen inks recommended by the ink manufacturer for use on the various types of retroreflective sheeting. Apply ink that has the same durability and color as specified for that type of retroreflective sheeting. Apply black screen ink until opaque on retroreflective sheeting.

Perform the screening in a manner to ensure a uniform color and tone, with sharply defined edges of legends and borders. Do not allow running, streaking, or sagging.

Air dry or bake the signs after screening according to manufacturer’s recommendations to provide a smooth hard finish.

(b) Type L-2 (transparent films). Apply letters, numerals, arrows, symbols, borders, and other features on the sign background with colored transparent films. Select durable, electronically cuttable films coated with a transparent pressure-sensitive adhesive protected by a removable liner. Use transparent films recommended by the manufacturer within the color requirements specified for the retroreflective sheeting.

(c) Type L-3 (direct applied characters). Cut letters, numerals, arrows, symbols, borders, and other features from black opaque or retroreflective sheeting of the color specified. Apply characters to the sign background according to the retroreflective sheeting manufacturer’s instructions. Use the same sheeting manufacturer for both the sign legend, border, and background.

Package sign panels in protective material and transport in a vertical position.

(b) Installation. Mount sign panels with the legend horizontal.

Use oversized bolt heads and neoprene or nylon washers for fastening plastic sign panels. Use antitheft fasteners where possible. Paint bolt heads, screw heads, and washers that are exposed on the sign face. Match the color of the paint to the color of the sheeting at the point where the fitting is exposed.

Turn sign panels 3 degrees away from the road in the direction of travel to reduce specular glare (mirror reflection).

Cover the sign face with an opaque material if a sign message is not applicable. Maintain the covering in good condition until the message becomes applicable. Do not use adhesive tape on the sign face.

Use Type III, IV, VIII, IX, or XI prismatic retroreflective sheeting. Use fluorescent sheeting for orange signs.

For roll-up signs, use fluorescent Type VI retroreflective sheeting.

Retroreflective sheeting conforming to ASTM D4956, including supplementary requirements. Furnish fluorescent type sheeting for all signs and all devices specifying an orange or a yellow background.

Provide the same type of sheeting on all post-mounted construction signs that pertain to the project.

Use crashworthy posts within the traversable area adjacent to traffic.

Remove or completely cover unnecessary signs. Use metal, plywood, or other acceptable material to cover signs.

Do not use adhesives glues, tapes, or mechanical fasteners that mar the face of the panel of the sign to be covered.

Placement of temporary traffic control devices will be evaluated by visual inspection and measured and or tested conformance.

Temporary traffic control services will be evaluated by visual inspection and measured and or tested conformance.

SECTION 3 - DELIVERABLES

3.1 DELIVERABLES AND DUE DATES

All Deliverables are incorporated in the Statement of Work set forth in Section 2.

3.2 INSPECTION AND ACCEPTANCE

Deliverables under this contract shall be inspected by the designated Contracting Officer’s Representative (COR). Acceptance criteria shall be based upon all deliverables items meeting the requirements in the SOW and professional standards for technical content, clarity, completeness, and other factors that indicate acceptability as specified under this order.

3.3 PLACE OF PERFORMANCE

Locations of performance shall be as set forth in the Statement of Work.

SECTION 4 - ORDER ADMINISTRATION DATA

4.1 ORDER ADMINISTRATION AWARDEE

TBD at time of award.

4.2 GOVERNMENT ADMINISTRATION

The Contracting Officer Representative for this order is:

Michael Daigler michael.daigler@dot.gov 720-963-3620 (O) | 720-672-5704 (M)

The Contracting Officer for this order is:

Chinh Le Chinh.Le@dot.gov 720-963-3549

U.S. Department of Transportation Federal Highway Administration Central Federal Lands Highway Division 12300 W. Dakota Avenue Lakewood, Colorado 80228

SECTION 5 - CONTRACT PROVISIONS AND CLAUSES

5.1 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/

52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018

(End of clause)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Department of Transportation (DOT)

Acquisition Regulation (TAR) (48 CFR 12) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause-

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

https://www.acquisition.gov/ https://www.acquisition.gov/far/subpart-2.1#FAR_Subpart_2_1

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (July 2021)

(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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

__ (5) [Reserved].

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_x (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] _x (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_x (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_x (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_x (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40

_x (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_x (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

_x (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4 001 note, 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.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 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) 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.

2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) .

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18…