W9123821R0009 SRO Landscaping Services.pdf
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SEE ADDENDUM
(No Collect Calls)
W9123821R0009 16-Oct-2020
b. TELEPHONE NUMBER
000-000-0000
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 26 Oct 2020
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912389. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
COLIN LEE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY CORPS OF ENGINEERS, SACRAMENTO
CONTRACTING DIVISION
1325 J STREET
SACRAMENTO CA 95814-2922
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,000,000
NAICS:
561730
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Section SF 1449 - CONTINUATION SHEET
SCHEDULE OF LINE ITEMS
ITEM
NO
SUPPLIES/SERVICES QUANTITY UNIT UNIT
PRICE
AMOUINT
0001 Base Year Landscaping Services
Mowing and Maintenance The Contractor shall furnish labor, material and equipment necessary to provide gardening service to be performed IAW the PWS dated 28 Aug 2020. Period of Performance 01 Nov 2020 thru 31 Oct 2021.
Fertilizing Fertilizing per the Statement of Work dated 28 Aug 2020. Note:
one service for the base year.
Safety Plan The Contractor shall provide a safety plan with an Activity Hazard Analysis (AHA), Accident Prevention Plan (APP) and Injury and Illness Prevention Program (IIPP) IAW of the PWS dated 28 Aug 2020. Delivery is 10 days ARO. Period of Performance is base and all option years: 01 Nov 2020 thru 31 Oct 2025.
Quality Control Plan The Contractor shall provide a Contractor Quality Control Plan (CQC) IAW of the PWS dated 28 Aug 2020. Delivery is 10 days ARO. Period of Performance is base and all option years: 01 Nov 2020 thru 31 Oct 2025.
1 JOB $ $
TOTAL $
SUPPLIES/SERVICES QUANTITY UNIT UNIT
PRICE
AMOUINT
1001 Option Year 1 Landscaping Services
Option Year 1 Mowing and Maintenance The Contractor shall furnish labor, material and equipment necessary to provide gardening service to be performed IAW the PWS dated 28 Aug 2020. Period of Performance 01 Nov 2021 thru 31 Oct 2022.
Option Year I Fertilizing Fertilizing per the Statement of Work dated 28 Aug 2020. Note:
one service for the base year.
SUPPLIES/SERVICES QUANTITY UNIT UNIT
PRICE
AMOUINT
2001 Option Year 2 Landscaping Services
Option Year 2 Mowing and Maintenance The Contractor shall furnish labor, material and equipment necessary to provide gardening service to be performed IAW the PWS dated 28 Aug 2020. Period of Performance 01 Nov 2022 thru 31 Oct 2023.
Option Year 2 Fertilizing Fertilizing per the Statement of Work dated 28 Aug 2020. Note:
one service for the base year.
SUPPLIES/SERVICES QUANTITY UNIT UNIT
PRICE
AMOUINT
3001 Option Year 3 Landscaping Services
Option Year 3 Mowing and Maintenance The Contractor shall furnish labor, material and equipment necessary to provide gardening service to be performed IAW the PWS dated 28 Aug 2020. Period of Performance 01 Nov 2023 thru 31 Oct 2024.
Option Year 3 Fertilizing Fertilizing per the Statement of Work dated 28 Aug 2020. Note:
one service for the base year.
SUPPLIES/SERVICES QUANTITY UNIT UNIT
PRICE
AMOUINT
4001 Option Year 4 Landscaping Services
Option Year 4 Mowing and Maintenance The Contractor shall furnish labor, material and equipment necessary to provide gardening service to be performed IAW the PWS dated 28 Aug 2020. Period of Performance 01 Nov 2024 thru 31 Oct 2025.
Option Year 4 Fertilizing Fertilizing per the Statement of Work dated 28 Aug 2020. Note:
one service for the base year.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
CLIN
0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
POP 01-NOV-2020 TO
31-OCT-2021
N/A
SACRAMENTO RESIDENT OFFICE
2194 ASCOT AVE., RIO LINDA,
CA 95673
FOB: Destination
1001 POP 01-NOV-2021 TO
31-OCT-2022
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-NOV-2022 TO
31-OCT-2023
3001 POP 01-NOV-2023 TO
31-OCT-2024
4001 POP 01-NOV-2024 TO
31-OCT-2025
STATEMENT OF WORK
STATEMENT OF WORK
LAWN MAINTENANCE
SACRAMENTO RESIDENT OFFICE, RIO LINDA, CA
28 August 2020
I. GENERAL
The work required under this contract provides for Mowing and Maintenance of ground area at the Sacramento Resident Office. The Contractor shall furnish labor, material, and equipment necessary to provide gardening service and be performed in accordance with attached special provisions, contract clauses, scope of work and wage rates.
A. Period of Performance: The contract shall consist of a base year plus four option years. The contract period for the base year will be from 01 Nov 2020 – 31 Oct 2021. Option Year 1 shall be from 01 Nov 2021 – 31 Oct 2022.
Option year 2 shall be from 01 Nov 2022 – 31 Oct 2023. Option year 3 shall be from 01 Nov 2023 – 31 Oct 2024.
Option year 4 shall be from 01 Nov 2024 – 31 Oct 2025. Option Years shall be exercised at the discretion of the Government.
B. Inspection: Bidders are expected to inspect the job site, to include the existing underground irrigation system, where services are to be performed to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract prior to submitting bids. In no event will failure to inspect the site constitute grounds for withdrawal of a bid after opening or for a claim after award of the contract. For a site visit, please call 916-649-0133 Ext 3059.
C. Employees: The contractor shall furnish competent personnel. If employees furnished prove to be incompetent, the contractor shall remove them and furnish satisfactory employees. The contractor is reminded that any attached Wage Rates must be strictly adhered to for employees.
D. Order of Work: The work shall be carried on in such order of precedence as may be found necessary to the
Contracting Officer or the authorized representative, the Resident Engineer.
E. Point of Contact: Resident Office point of contact is: Sang Hun (Steve) Kim, 916-649-0133 Ext 3059.
Contracting point of contact is: Natasha Gallant, 916-557-7229
F. Authorities/Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contractor Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters.
G. Invoices: Payment of firm-quantity Line items will be made monthly in areas at the contract unit price for the services actually performed. Payment for Estimated Quantity of Line Items will be paid in accordance with the Estimated Quantity Line Item section of this Statement of Work, located above.
The Contractor will submit an original invoice on the last working day of each month to the Sacramento Resident Office. Send copies of the monthly invoice to the UFC in Millington (address below), and to the contract specialist.
One copy of each invoice WITH all required information including any necessary supporting documentation:
1. Finance Center, Attn: CEFC-AO-P, 5720 Integrity Drive, Millington, TN 38054-5005.
2. Sacramento Resident Office, Attn: Sang Hun (Steve Kim), 2194 Ascot Ave., Rio Linda, CA 95673.
3. US Army Corps of Engineers, Attn: Natasha Gallant, 1325 J Street, Sacramento, CA 95814-2922.
H. Contract Payments: The Government shall pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract. Payment shall be made monthly in arrears or as soon as possible after completion of work at the agreed-upon contract price.
II. WORK TO BE PERFORMED
A. Service Scheduling: Within seven (7) days after award of contract, the contractor shall submit to the Resident Engineer for approval a service schedule indicating the time and sequence of work. This service is to be scheduled weekly- on the same day each week to remain constant throughout the period of the service agreement. If the regularly scheduled day is a holiday or is an inclement weather day, service shall be coordinated with the Resident Office point of contact. Work needs to be completed prior to 3:00 p.m. If unforeseen events cause a variation in the scheduled service, the contractor shall notify the Resident Engineer in advance of the delay or as soon as possible if unable to notify in advance. Failure to provide the service or variation from the agreed schedule will require written explanation by the contractor. If and when additional service(s) are added, the schedule will be modified.
B. Mowing: The equipment to be used shall be mowers equipped with catcher and mowed to a height of not less than 1" or more than 1.5". Lawn grasses shall be clipped from around trees, pipe risers and permanently fixed sprinklers, without damage to these objects, to eliminate any growing higher than the rest of the lawns after mowing.
The lawn shall be mowed evenly and be left with a well-groomed appearance to the satisfaction of the Resident Engineer.
C. Edging: Edging will be done prior to each mowing. All curbs, sidewalks, concrete slabs, roads and portions of lawns bordering gravel or bare ground will be edged to prevent grasses from overlapping the existing boundaries.
Debris generated from edging will be removed. Debris removal shall include the sweeping of paved areas adjacent to grass areas.
D. Refuse Disposal: Remove all lawn clippings, uprooted weeds, leaves, debris, and litter from area grounds, which includes all rock areas on premises, and place in Government- furnished container. All items shall be bagged and tied before placing in the container.
E. Leaf Pickup: Fallen leaves, tree branches, and tree litter will be removed from lawns, walkways, flowerbeds and roadways as necessary to maintain a neat and clean appearance and will coincide with the mowing schedule.
F. Fertilizing: An EPA-designed and Bio-based Fertilizer (approved by Resident Engineer) shall be spread once a year in September.
G. Weeding: Weed flowerbeds around trees and area between street and fence in order to maintain a weed-free condition. The area east of the employee parking lot and the growth along the perimeter fence shall have weeds cut down and treated using a brand name lawn and weed killer.
1. A Hazard Analysis of the chemicals to be used shall be furnished to the Resident Engineer seven (7) days prior to commencement of work. . In the performance of this contract, the contractor shall make maximum use of Bio-based and EPA-designed products that are United States Department of Agriculture (USDA)-designated items.
The Analysis should include:
• Material to be used.
• Exact locations to be used/applied.
• Method of application.
• Personnel to be exposed.
• Quantities to be handled.
• Hazards to Applicators, surrounding areas or vegetation from excessive exposure or spills.
• Corrective action to eliminate such hazards.
2. Proof of State Certification of Applicators. A copy of which shall be kept on file with the contract.
3. The chemicals used will not be on the Environmental Protection Agency’s List of Restricted, Suspended or Canceled Herbicides.
4. The contractor will maintain a written record of the location date, volume and percent solution of each chemical application. The record will be maintained in such a manner that the Resident Engineer will be able to determine from it the total amount of chemical applied to Corps lands during the contract period. This written record will be submitted to the Resident Engineer within seven (7) days of the end of each regularly-scheduled service call.
5. The application of any or all sprays may be terminated at any time by the Resident Engineer.
III. MOWING SCHEDULE
The lawn service is to be performed once a week and between the hours of 7:00 AM and 3:00 PM on a weekday, Monday through Friday. The contractor can select the particular day of the week during which he/she wishes to do the service. The contractor is expected to complete the job on the day selected. If for some unforeseen reason it cannot be completed on that day, the contractor will return the next day and complete the job. Lawn maintenance services may not be performed more than two days beyond the agreed-upon service day. The contractor shall notify the Resident Engineer in advance of any contract services that will not be performed on the scheduled service day.
All sprinkler systems and work performed will be inspected by the contractor and a representative of the Resident Engineer upon completion of each mowing service. Any damage to the sprinkler system will be repaired by the contractor at his expense. All repair work or incomplete services will be completed by 3:00pm the next work day.
IV. QUALITY
The Contractor shall furnish for review by the Government, not later than ten days after receipt of Notice to Proceed, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of section II. WORK TO BE PERFORMED. The CQC plan shall identify personnel, procedures, control, instructions, tests, records, and forms to be used.
V. SECURITY
A. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.
B. All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes."
C. The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I‐9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.
VI. SAFETY
Work performed on Corps of Engineers projects is under scrutiny for safe working practices. Workers will wear appropriate shoes, gloves, hearing protection and goggles for their protection when operating tools and equipment.
Any unsafe working practice will be called to the contractor’s attention and the condition will be expected to be corrected immediately. All equipment safety devices shall be in place and in good operating condition. All movable objects such as water hoses, sprinklers, etc. on lawns, walks and curbing shall be moved as needed by the https://atlevel1.dtic.mil/at contractor when maintaining the landscape. The contractor is responsible for preventing damage to sprinkler systems while performing lawn maintenance. Objects such as sprinkler heads which are damaged by the contractor will be repaired or replaced by the contractor within 24 hours at the contractor’s expense.
A. The contractor’s attention is directed to the need for extreme caution and care while driving and operating equipment. Safety requirements of EM 385-1-1 shall apply to all work. A copy of EM 385-1-1 is available at the Resident Office building for review and on line at http://140.194.76.129/publications/eng-manuals/ .
B. The contractor shall submit an Accident Prevention Plan in accordance with EM 385-1-1, Appendix A to the COR within 10 days of contract award.
C. The contract shall obtain a Material Safety Data Sheet for all chemicals used in performance of this contract. A copy of each MSDS will be given to the Resident Engineer for review and approval prior to the use of any chemical.
Safety and Health Plans:
The Contractor shall obtain USACE Safety Officer approval of all Safety and Health Plans BEFORE starting any on-site work.
Accident Prevention Plan (APP):
The Contractor shall use a qualified Safety and Health Manager (SHM) to prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in Appendix A of USACE EM 385-1-1 "Minimum Basic Outline for Preparation of Accident Prevention Plan". Activity Hazard Analyses (AHAs) shall be appended to the APP. The Contractor shall develop an Injury and Illness Prevention Program (IIPP) for projects within the State of California as an appendix to the APP. Where a paragraph or subparagraph element is not applicable to the work to be performed indicate "Not Applicable" next to the heading. The APP shall be job-specific and shall address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program (SHP). Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The Contractor, SHM, on-site Project Supervisor, and Site Safety and Health Officer (SSHO) shall sign the APP.
Activity Hazard Analysis (AHA) Appendix to the APP:
The Contractor shall develop an Activity Hazard Analysis (AHA) for every operation involving site activities presenting hazards. The AHA(s) format shall be in accordance with Figure 1-2 of EM 385-1-1. Subsequent AHAs shall be submitted as amendments to the APP. The analysis must identify and evaluate hazards and outline the proposed methods and techniques for the safe completion of each phase of work. At a minimum, the AHA shall define activity being performed, sequence of work, specific safety and health hazards anticipated, control measures (to include personal protective equipment) to eliminate or reduce each hazard to acceptable levels, equipment to be used, inspection requirements, training requirements for all involved, and the competent person in charge of that phase of work.
Injury and Illness Prevention Program (IIPP) Appendix to the APP:
For projects within California, the Contractor shall develop and implement an Injury and Illness Prevention Program (IIPP) that shall be attached to the APP as an appendix. The IIPP shall address all elements of Title 8 California Code of Regulations (CCR) Section 3203 and Section 1509. IIPP appendix elements that overlap with APP elements need not be duplicated in the IIPP, provided each safety and occupational health issue is adequately documented in the APP. The IIPP shall be developed under the direct supervision of a qualified SHM.
Deliverable schedule for health and safety plans:
The contractor shall submit the APP/AHA/IIPP to the USACE Safety Officer within 10 days of award. The Government http://140.194.76.129/publications/eng-manuals/ will review the documents within 10 days. The contractor shall resubmit the documents, with any requested changes, within 5 days of request. Submissions shall be provided in Microsoft Office Word 2007 and shall be provided on a CD, and in two hard copies.
References:
The Contractor’s APP/IPP, SSHP Appendix and subsequent activities must comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:
EM 385-1-1
USACE Safety & Health Requirements Manual, EM 385-1-1, 15 Sep 08 Edition, Effective 12 Jan 09 http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx
Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.
29 CFR 1926, Safety and Health Regulations for Construction.
29 CFR 1926.65/29 CFR1910.120, Hazardous Waste Operations and Emergency Response.
USACE Safety & Health Requirements Manual, EM 385-1-1, 15 Sep 08 Edition, Effective 12 Jan 09. Located at:
USACE, Safety and Occupational Health Document Requirements for Hazardous, Toxic and Radioactive
Waste (HTRW) Activities, ER 385-1-92 (1 July 2003).
NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Activities (October 1985).
American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005).
Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders.
8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.
8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program.
American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005)
OSHA ancillary safety and health regulations governing certain aspects for this contract include:
Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)
Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)
Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)
The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147)
Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to Cause Cancer or Reproductive Toxicity
---End----
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.232-8 Discounts For Prompt Payment FEB 2002 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.225-7036 Buy American--Free Trade Agreements--Balance of Payments Program--Basic
DEC 2017
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
ADDENDUM TO INSTRUCTIONS TO THE OFFERORS
Please complete and return the following documents with your Request for Quotation (RFQ)
Proposal:
1. RFP submission on Solicitation W9123818R0009
2. Price Breakdown https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/ http://www.sam.gov/
3. Proposal that comprehensively and clearly shows the company can meet all of the Statement of work requirement dated 28 August 2020 within Solicitation W9123818R0009.
4. Proof of an Active Registration with www.sam.gov (System for Award Management) website.
5. Provide your SAM, business size, taxpayer identification (TIN), CAGE code, and DUNS.
6. Completed Site Visit - Date and Time of Site Visit must be provided Site Visit Instructions:
Site Visit Date: Tuesday, 20 October 2020 at 10:00am (PDT).
Site Location: Sacramento Resident Office, 2194 Ascot Ave., Rio Linda, CA 95673.
Site POC: Mr. Sang Hun (Steve) Kim Ph: 916-837-1573
Submit RFQ Proposal with required documents to the email address as listed below:
Mr. Colin Lee, Contract Specialist, Colin.Lee@usace.army.mil RFQ Deadline: See Page 1, Block 8 on the SF 1449.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
Award will be made to the contractor whose quotation is determined to represent the overall best value to the Government using a Lowest Price Technically Acceptable (LPTA) evaluation process. Quotations will be evaluated with regard to technical compliance and on price submissions. All aspects of Solicitation to include the SOW and provisions and clauses must be addressed for a quotation to be considered for award. The quotation should include all information the contractor wants the Government to consider and evaluate regarding its company’s ability to conform to all required terms and conditions. The below evaluation factors and subfactors will be used in the determination of technical acceptability.
a. The USACE, SPK intends to award an FFP order using the LPTA methodology. After receipt of quotations, the Government will first evaluate the lowest price quotation. If the lowest price quotation is determined to be technically acceptable and otherwise properly awardable, award will be made to that offeror. The Government reserves the right to evaluate only the lowest price quotation or to conduct further evaluations of additional quotations.
b. The standards for determining technical acceptability are listed below. The Government reserves the right not to consider for award any quotation that does not adhere to the administrative requirements of this RFQ.
(1) Technical Approach Factor: The Technical Subfactors will be evaluated and rated either Acceptable or Unacceptable IAW the evaluation table below. In order for a quotation to be rated overall Technically Acceptable, the contractor must be able to provide the completed documentation requested.
Each of the following subfactors must be rated Acceptable.
(a) RFP submission on Solicitation W9123818R0009
(b) Price Breakdown
(c) Proposal that comprehensively and clearly shows the company can meet all of the Statement of work requirement dated 28 August 2020 within Solicitation W9123818R0009; to include materials, supplies, resources, amount of staff, licenses, certifications, bonds etc., and any resources possessed in order to accomplish the tasks listed in the Performance Work Statement (SOW) not to exceed five (5) pages
(d) Registered with www.sam.gov (System for Award Management) website.
(d) Provide your SAM, business size, taxpayer identification (TIN), CAGE code, and DUNS with your quotation.
(e) Completed Site Visit - Date and Time of Site Visit must be provided Site Visit Instructions:
Site Visit Date: Tuesday, 20 October 2020 at 10:00am (PDT).
Site Location: Sacramento Resident Office, 2194 Ascot Ave., Rio Linda, CA 95673.
Site POC: Mr. Sang Hun (Steve) Kim Ph: 916-837-1573
Evaluation Table - Technical Ratings Rating Description Acceptable Proposal/quotation meets the minimum requirements of the solicitation.
Unacceptable Proposal/quotation does not meet the minimum requirements of the solicitation.
(2) Price Factor: Price quotations will be evaluated and the Government reserves the right, but is not obligated, to perform a price realism analysis. The total evaluated price will consist of the contractor’s quoted price for all items listed on submitted quote.
c. Partial quotations of the listed items will not be accepted.
d. Completeness of Pricing Quotations. The Federal Government is exempt from sales tax. If requested, the Contracting Officer can provide a tax-exempt certificate after award. However, if there are any valid applicable taxes such as the Arizona Half Tax or Hawaii GET for supplies or services, contractors must include the costs in their quote as a separate line item. Such taxes will not be considered or paid unless they are included in the quote at the time of submission. Price quotations must be complete at the time of submission.
e. Delivery Address. Quoted prices shall include all costs associated with delivering the required services to the delivery address listed.
f. The Government intends to evaluate quotations and award a contract without exchanges with schedule contractors.
However, the Government reserves the right to conduct exchanges or seek clarifications if the contracting officer (KO) determines they are necessary. The Government further reserves the right to reduce the number of quotations being competitively considered to the greatest number that will permit efficient competition among the most highly rated quotations. If a schedule contractor’s quotation is removed from further consideration for award, written notice of the removal will be provided to the schedule contractor. In the event issues pertaining to a proposed task cannot be resolved to the KO's satisfaction, the Government reserves the right to withdraw and cancel the proposed order.
In such event, schedule contractors will be notified in writing.
g. Solicitation W9123818R0009 contains provisions that apply to this solicitation and clauses that will be applicable to the resulting award. Any provisions and additional instructions that will require a response from the contractor and will need to be submitted along with your quotation.
h. In response to this RFQ, no terms, conditions, or assumptions will be entertained. If terms, conditions, or assumptions are included in a quotation, the quotation may be excluded on grounds that it failed to comply with the RFQ’s instructions.
i. All quotations received in response to this RFQ shall remain valid for no less than 30 calendar days from the quotation due date below. By submitting a quotation in response to this solicitation, you are submitting an offer that the Government may accept, and you agree that if the Government awards you the contract, the award document sent by the Government to the contractor is a binding and enforceable contract. The contractor has a legal obligation to perform if awarded the contract.
j. Portions of the offeror’s quotation may be incorporated into the contract.
k. 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).
l. A written notice of award or acceptance of an offer, electronically 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)
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe…
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