W912BV08R1004.pdf

W44XGQ80723732

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) (INDEFINITE DELIVERY/INDEFINITE QUANTITY) FOR MISCELLANEOUS CONSTRUCTION WORK, HUGO, PINE CREEK, BROKEN BOW, AND SARDIS LAKES, OKLAHOMA AND PAT MAYSE LAKE, TEXAS

APPROXIMATE VALUE $250,000 TO $500,000

THIS SOLICITATION IS 100% SMALL BUSINESS SET-ASIDE

BRENDA K ANDERSON 918-669-7274

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Apr-2008

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______10 calendar days and complete it within ________ calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 0800

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 4 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 03 Jun 2008 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIV

USAED, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX: TEL: TEL: FAX:

W912BV-08-R-1004 57

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912BV-08-R-1004

CAUTION TO OFFERORS

All information required by the terms of the Solicitation must be furnished.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper offer. Check as you read.

( ) Have you acknowledged all amendments?

( ) Have you completed the online "Representations and Certifications"?

( ) Is your offer properly signed?

( ) If a bid guarantee is required, is it included with your offer?

(A late bid guarantee is treated the same as a late offer.)

( ) Is your bid guarantee in the proper amount?

(Usually 20% of total price.)

( ) If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety, and are all required seals affixed?

( ) Is the name in which you submitted the offer the same on your offer as on bid bond?

( ) If required, have you entered a unit price in for each bid item?

(The Solicitation will specifically state when this is necessary.)

( ) Are decimals in unit prices in the proper places? Are your figures legible?

( ) Are the extensions of your unit prices, and your total price correct?

( ) Are all erasures or corrections initialed by the person signing the offer?

( ) Have you not restricted your offer by altering the provisions of the Solicitation?

( ) Is the envelope containing your offer properly identified that it is a sealed offer and does it contain the correct Solicitation number and bid opening time?

S P E C I F I C A T I O N S

TULSA DISTRICT

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

FOR MISCELLANEOUS CONSTRUCTION WORK AT

BROKEN BOW, HUGO, PAT MAYSE, PINE CREEK, AND SARDIS LAKES,

SOUTHEASTERN OKLAHOMA AND NORTH TEXAS.

ORGANIZATION OF SPECIFICATIONS

This specification consists of a general section supplemented by exhibits and technical sections. A Table of Contents is provided on the following pages.

The general section contains requirements that apply to all work to be performed under the provisions of this specification. The exhibits contain detailed listings or examples referred to in the general section and reference publications. The sections contain a description of the facilities to be serviced and the work to be performed.

Any references to paragraphs or subparagraphs in this specification will refer to those in the general section unless otherwise noted.

TABLE OF CONTENTS

GENERAL SECTION

Para.

No. Paragraph Title Page No.

1 Scope of Work 5

2 Definitions 5

3 References 5

4 Initiation, Execution, & Acceptance of Work 5

5 Personnel 6

6 Equipment 6

7 Materials and Supplies 7

8 Contractor Quality Control 7

9 Safety 7

10 Contractor's Facilities 7

11 Security 7

12 Prework Conference 7

13 Contractor Submittals 7

14 Billing 8

EXHIBITS

No. Title

1 Project Description and Information 9

2 References 11

3 Request for Proposal (RFP) 13

TECHNICAL SECTIONS

Section Title

001 Miscellaneous Construction Work 15

00050 Project Description and General Information 18

00110 Proposal Preparation 21

1. SCOPE OF WORK. The work required under this specification provides for miscellaneous construction work at Broken Bow, Hugo, Pat Mayse, Pine Creek and Sardis Lakes, Oklahoma and Texas.

2. DEFINITIONS.

2.1. Contracting Officer (CO). The person executing and administering this contract on behalf of the Government.

2.2. Contracting Officers Representative (COR). The person representing the Contracting Officer who is properly designated in writing by the Contracting Officer, and acting within the limits of his written authority.

2.3. Contractor Quality Control (CQC) is the contractor's system of controlling the quality of services provided under the provisions of the contract.

2.4. Deficient service is any service provided by the contractor that does not meet the requirements of the Task Order.

2.5. Government means the United States of America.

2.6. Ordering Officer. The individual authorized to issue Task Orders under this contract and will be appointed in writing by the Contracting Officer.

2.7. Project means all Government property and easements at the Lake Projects listed in Exhibit 1.

2.8. Public use area (PUA) includes parks as well as overlooks, nature and hiking trails, access points, etc.

2.9. Quality is conformance with the contract specification.

2.10. Quality assurance (QA) is the procedure by which the Government determines that CQC is functioning effectively.

2.11. Regulations refer to any local, state, or Federal law or regulation applicable to operation or maintenance of the project.

2.12. Request for Proposal (RFPs). The form used to request proposals for required work.

A scope of work will be included with this form that describes the proposed work.

2.13. Task Order is the means by which work is ordered and will be issued by a Contracting Officer or Ordering Officer.

2.14. A workday is any day, Monday through Friday, exclusive of Federal holidays. This definition should not be interpreted to mean that work is not required by this specification on other days.

3. REFERENCES. All documents referenced in this specification are hereby incorporated into this specification.

4. INITIATION, EXECUTION, AND ACCEPTANCE OF WORK.

4.1. Initiation and execution of all work. The contractor shall initiate and execute all work in accordance with this specification and Task Orders issued by the Ordering Officer.

4.1.1. The Ordering Officer will initiate RFPs by providing to the three (3) contractors who have been awarded an Indefinite Delivery/Indefinite Quantity Contract for Miscellaneous Construction Work at the Hugo, Pine Creek, Broken Bow, and Sardis Project Offices, Oklahoma and Pat Mayse Project Office, Texas. See Section 00050 that explains what will be provided to the contractors with each Request for Proposal (RFP). The contractor will return his price proposal limited to five (5) pages.

4.1.2. The majority of task orders will be for a lump sum cost proposal for the work.

Award will be made to the lowest cost price proposal received unless evaluation factors are provided.

4.1.3. If, in the opinion of the Ordering Officer, the Task Order is too costly, the scope of work may be revised or changed and an amended RFP will be requested from the contractor for another price proposal.

4.1.4. A copy of the Task Order will be furnished the contractor after signature by the Ordering Officer or Contracting Officer.

4.1.5. A Task Order shall be issued, describing the requested work on a lump sum basis, before any work is started. Under emergency situations, the Ordering Officer or the CO may give verbal authority to begin work with a Task Order furnished as soon as possible.

4.1.6. When a Task Order is issued it will contain a total price for the work. The contractor shall be paid this total price upon successful completion of the work

4.1.7. Task Orders may be modified if the cost for the project is over the estimated amount.

4.2. Acceptance of Work.

4.2.1. Upon completion of a Task Order, the contractor shall leave the work area free of construction material and debris. When work is completed, the contractor will notify the Ordering Officer or COR.

4.2.2. If the Ordering Officer notifies the contractor of deficient work the contractor shall initiate immediate action to accomplish corrective work.

4.2.3. The contractor shall notify the Ordering Officer or COR when corrective work is completed.

5. PERSONNEL. The contractor shall provide personnel necessary to accomplish all work required by this specification within the time limits specified.

5.1. Experience and skills.

5.1.1. The contractor shall provide personnel that are experienced and demonstrate proficiency in the skills required performing the various types of work specified.

5.1.2. Quality control personnel shall be knowledgeable of the work they inspect, inspection procedures, and all portions of this specification that apply to the work they inspect.

5.2. Supervision. Refer to the “Supervision and Inspection Clause”. The contractor shall provide the Ordering Officer or COR a local or toll free 24-hour telephone number in order to talk to the contractor’s supervisor or other representative having equal authority.

6. EQUIPMENT. The contractor shall furnish equipment necessary to accomplish all work required by this specification within the time limits specified.

6.1. Equipment requirements. All equipment used to perform work under this specification must be in satisfactory operating condition and comply with EM 385-1-1, Corps of Engineers Safety and Health Requirements Manual.

6.2. Vehicle operation and parking.

6.2.1. Wheeled or tracked equipment shall not be operated over riprap without approval of the Ordering Officer. Approval will not be given unless the Ordering Officer determines the riprap and related structures will not be damaged.

6.2.2. Prior to using hand- or power-operated equipment for excavation, the contractor shall verify the location of underground utilities through consultation with utility companies and review of the Government's as-built drawings.

6.3. Weight limitations. Wheel loads for vehicles and equipment on Government property shall not exceed 10,000 pounds per axle unless otherwise approved by the COR.

7. MATERIALS AND SUPPLIES.

7.1. Contractor furnished. The contractor shall furnish all materials and supplies necessary to accomplish all work required by this specification except as specified in subparagraph 7.2.

7.1.1. Material specifications. Specifications for materials and supplies are given in the technical sections of this specification. Should materials and supplies not listed in the technical sections be proposed, the contractor shall furnish with his proposal technical data, manufacturer’s catalogs, drawings, performance data, specifications and any other necessary information.

7.1.2. Warranties. The contractor shall furnish documents to the Ordering Officer necessary to execute all warranties available on materials and supplies. Upon request, the contractor shall assist the Ordering Officer in executing claims or adjustments under such warranties.

7.2. Government furnished. The Government may furnish materials and supplies associated with trade and equipment bid items. The Government will furnish other materials as specified in the technical sections. The contractor shall be responsible for transporting these items from storage or borrow sites on the project to work sites. The cost of transportation shall be borne by the contractor.

8. CONTRACTOR QUALITY CONTROL. The contractor shall establish and execute a CQC Plan in accordance with FAR Clause 52.246-12 “Inspection of Construction” to assure that all work required by this specification is completed on schedule and in accordance with the specifications given for each item of work. The results of quality control inspections conducted by the contractor shall be furnished the Ordering Officer upon request.

9. SAFETY. The contractor shall furnish the Ordering Officer a comprehensive safety plan to implement the general policies and procedures for safe operation and maintenance of the project in accordance with EM 385-1-1.

10. CONTRACTOR'S FACILITIES.

10.1. The contractor will not be provided storage space for materials and equipment needed to perform work specified in the contract. The Government shall not furnish utilities, buildings, or other improvements for use by the contractor.

10.2. The contractor may be allowed to locate temporary facilities on Government property as approved by the Ordering Officer. Security of contractor facilities, materials, and equipment is the responsibility of the contractor.

11. SECURITY. The contractor will be required to sign for keys for access to facilities.

Security gates to storage and maintenance areas shall remain locked except when employees are present in the immediate area. All storage buildings, storage rooms, equipment rooms, and project buildings shall remain locked when not in use.

12. PREWORK CONFERENCE. Prior to the start of each awarded task order, the COR shall conduct a Prework Conference with the contractor to discuss the scope of work for the Task Order. As a minimum, the on-site supervisor shall represent the contractor. The COR shall establish the date and time of the Prework Conference after consultation with the contractor.

13. CONTRACTOR SUBMITTALS. The contractor shall submit the documents listed below to the COR prior to the Prework Conference. All submittals, other than copies of licenses and contracts, shall be typed and the original and one copy shall be furnished the COR. If the COR determines that any of the proposed plans or schedules does not comply with this specification, the contractor shall resubmit these documents within 1 week. Technical information shall be submitted in accordance with paragraph 7.

13.1. Names and contact information of supervisor and alternative supervisor(s) (subparagraph 5.2.).

13.2. CQC Plan (paragraph 8.).

13.3. Safety Plan (paragraph 9.).

13.4. Certificate of insurance.

14. BILLING.

14.1. The contractor shall submit the original and two copies of invoices for all work that has been completed and formally accepted by the Ordering Officer.

14.2. Invoices and supporting documents shall be delivered or mailed to the Ordering Officer identified in the Task Order. Supporting documents shall include acceptance of work, exposure reports, and payroll records.

EXHIBIT 1

PROJECT DESCRIPTIONS AND INFORMATION

PROJECT DESCRIPTION AND INFORMATION

BROKEN BOW, HUGO, PAT MAYSE, PINE CREEK, AND SARDIS LAKES,

Broken Bow Power House is located approximately 13 miles north of Broken Bow, Oklahoma off hi-way 259A in McCurtain Co. Hugo Lake Project is located approximately seven miles east of Hugo, Oklahoma in Choctaw Co. Pat Mayse Lake Project is located approximately three miles south of the town of chicota, four miles northwest of Powderly and twelve miles north Paris, Texas in Lamar Co. Pine Creek Project is located approximately eight miles north of hi-way 70 at Valliant, Oklahoma in McCurtain Co. Sardis Lake Project is located approximately five miles north of Clayton, Oklahoma on hi-way 2 in Pushmataha Co.

EXHIBIT 2

REFERENCES

REFERENCES

EM 385-1-1, Corps of Engineers Safety and Health Requirements, dated 3 September 1996, and subsequent amendments thereto.

NFPA 10

National Electrical Code

EXHIBIT 3

REQUEST FOR PROPOSAL

SAMPLE FORMAT

Request for Proposal No. __________

Gentlemen:

This concerns your Contract No. W912BV-___-__-_____, Multiple Award Task Order

Contract for Miscellaneous Construction Work for the Hugo and Sister Lakes Projects

Office, Oklahoma and Texas.

Attached are the Scope of Work, Wage Rates, and Drawings for a proposed task order for the above-described work.

Please submit a lump sum price proposal for accomplishing the described work. The

Government reserves the right to award without discussions. However is discussions are necessary, the Government will conduct them with all contractors. I ask that you submit your proposal by _____________________. After receiving your proposal, I will contact you only if discussions are necessary. Award will be made to the contractor with the lowest price offered. For your convenience our fax number is _____________.

Please direct all questions concerning this request for proposal to me

Sincerely, Encl _______________ SOW Ordering Officer/ Contracting Officer Representative

CF:

CESWT-OD-F_ (COR)

SECTIONS 001

SPECIFICATION FOR MISCELLANEOUS CONSTRUCTION WORK FOR THE BROKEN BOW, HUGO, PAT MAYSE, PINE CREEK, AND SARDIS PROJECT OFFICES

1. Scope of Work:

The contractor shall furnish all labor, materials, tools and equipment necessary to perform electrical, plumbing and general construction/carpentry type work, at all Project Offices in accordance with the following specifications and as further defined in task orders issued under the contract.

2. Materials and Supplies:

2.1 If specified by task order the Contractor shall furnish all hardware, supplies and materials required for the proposed activity. All electrical materials used will be compliant with the National Electric Code (NEC) for that particular application being performed. Furthermore, any materials used, if required by NEC, must be approved by Underwriters Laboratory (UL) and contain documentation that it is UL listed for that activity. Types of materials needed for this type of work include but are not limited to, junction boxes, outlets, breakers, breaker panels, electrical wire, conduit, switches, pedestal for campsites, hydrants, faucets, pvc pipe, misc. plumbing supplies, lumber, framing materials, roofing materials, misc. building and construction supplies.

3. Tools and Equipment

3.1 The Contractor shall furnish all tools, both manual and power operated, necessary to complete work as described on the task order. The tools shall be sufficient to conduct the work in accordance with the NEC and must be UL listed for that type of activity. Furthermore, all tools and their use must comply with the parameters established in EM 385-1-1.

3.2 The Contractor shall furnish all equipment necessary to complete work as described on the task order. All equipment used to perform the specified work must be in satisfactory operating condition and comply with EM 385-1-1.

4. Specifications:

4.1 Work to be performed:

4.1.1 Electrical - The required work shall be for “electric service” such as but not limited to: repairing, replacing or installing fixtures, breakers, lines, panels, rewiring buildings, provide 50 amp service to campsites, etc. Workers shall be fully qualified, experienced and capable of performing this type of work. Contractor shall do the work in accordance to the NEC and must certify the completed work is in compliance with the NEC.

4.1.2 Plumbing – The required work shall be for “Plumbing service” such as but not limited to: repairing, replacing or installing fixtures, waterlines, hydrants, plumbing for buildings, etc. Workers shall be fully qualified, experienced and capable of performing this type of work.

4.1.3 General Construction/Carpentry - The required work shall be for

“General Construction/Carpentry” type of work such as but not limited to: Framing carpentry, general carpentry work such as: installing doors, installing windows, toilet partitions, replacement of roofs of various materials and roof turbines or vents. General construction such as: moving and leveling dirt, pouring small concrete pads and footings.

Workers shall be capable of performing work with general skills and abilities with hand tools, either manual or power operated. Workers shall be fully qualified, experienced and capable of performing this type of work.

4.1.4 Miscellaneous – The contractor shall also conduct miscellaneous work associated with the above services. This work would include but is not limited to sheet rock repair, painting, excavate/filling ditches for new lines, and other minor construction activities associated with the above mentioned services.

SECTION 00050

PROJECT DESCRIPTION AND GENERAL INFORMATION

PART 1 GENERAL

1.1 GENERAL DESCRIPTION OF THIS MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

1.1.1 Intent

The intent of this MATOC is to provide a timely response to the various general construction needs at all Project Offices. It is anticipated that three (3) contracts will be awarded under this MATOC. Typical efforts include electrical, plumbing, and general construction work at all Lakes.

1.1.2 Period and Amount

The MATOC shall be in effect for a three-year period. The agreement resulting from this solicitation will be a multiple award task order contract (MATOC) as defined in FAR

16.5. Services will be provided on a task order basis. Task orders under this MATOC shall be firm-fixed price. The Government is under no obligation to issue any task orders, present or future, against this MATOC. Each task order shall not exceed $100,000. The total cost of all task orders issued under this MATOC will not exceed $500,000.

1.1.3 Task Orders

Fixed price task orders shall normally be issued bilaterally against this MATOC. The Contracting Officer will issue a request for proposal stating the efforts to be accomplished to complete the work. The task order will be negotiated on a firm fixed lump sum price basis or a firm fixed unit price basis, as determined by the Government. The scope of work, drawings, and the Davis-Bacon Act wage determination will accompany each request for proposal.

Individual task orders shall be competed among the contracts awarded under this

MATOC pursuant to FAR 16.505. Generally, award will be made to the contractor that provides the lowest, responsible, responsive offer to the Government, unless otherwise indicated. However, the Government reserves the right to direct work to a contractor in order to meet its required minimum obligation threshold. Source Selection Decisions shall not be subject to the Disputes Clause of this MATOC (FAR 52.233-1 or its Alternate). In accordance with AFARS 5116.5, task order proposals shall be limited to 5 pages, including attachments.

(1) Each contractor will be afforded a fair opportunity to be considered for each task order in excess of $2,500, except as provided at FAR 16.505 (b)(2).

(2) The contracting officer may consider the following factors when awarding a task order: cost, price, contractor’s ability to accomplish the task in the required amount of time, past performance on task orders issued against this MATOC, and past performance on other work of a similar nature. The contractor's proposal will include detailed backup cost details. The Contractor may be required to include, but not necessarily be limited to: breakout of labor, materials, subcontractor prices and markups.

(3) The Government reserves the right to award a task order without discussions.

However, if discussions are necessary, the Government will conduct them with all contractors submitting technically acceptable proposals.

(4) If the contractor believes it was not fairly considered for a particular task order, the contractor may present a complaint to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman (See paragraph 1.1.5). The Ombudsman will review the contractor's complaint in accordance with FAR 16.505(b)(5).

1.1.4 Resolution of Complaints

The HQUSACE Ombudsman will be the designated ombudsman for this MATOC. The current ombudsman is Maureen Q. Weller, PARC, The Ombudsman's address is Office of the Principal Assistant Responsible for Contracting (PARC -DAL), U.S. Army Corps of Engineers, ATTN: CEPR-DAL, 1100 Commerce St., Suite 840 Dallas, TX 75242-0216. The Ombudsman will have authority to:

(1) Review complaints from contractors awarded MATOCs that they have not been afforded a fair opportunity to be considered for award of a particular task order.

(2) After coordination with the Contracting Officer, and if he/she agrees with the contractor, required that the Contracting Officer take corrective action regarding the complaint.

(3) If the contracting officer does not agree with the Ombudsman, the matter shall be decided by the HQUSACE Principal Assistant Responsible for Contracting.

1.2 TYPICAL ACTIVITIES TO BE PERFORMED UNDER SPECIFIC TASK ORDERS

The activities to be performed by the contractor under this MATOC and subsequent task orders are described in general terms below. Task requirements described below shall be identified, when applicable, in each task order issued under this MATOC. This list is not all-inclusive, and work requirements may be tailored to the specific needs of a task order. A price for the required work will be negotiated and agreed upon prior to the start of effort. Generally, the contractor shall not proceed from one task to another until directed to do so by the Contracting Officer.

1.2.1 Task Order Execution

The contractor shall not proceed with this work until a task order has been issued for this work, the contractor has submitted adequate performance and payment bonds, and the Contracting Officer has issued a NTP. The contractor shall be required to:

(1) Attend a pre-construction conference with Government personnel such as the Contracting Officer or authorized representative, Installation Representative, or Government's Program/Project Manager. The purpose of the conference is to outline the procedures that will be followed by the Government in its administration of the task order and to discuss performance that will be expected from the contractor. The conference will also give the contractor an opportunity to ask questions about the Government's supervision and inspection of task order work, security requirements, regulations, etc.

The following items will be reviewed at the conference (not an all inclusive list):

(a) Authorities of the Contracting Officer and authorized representative and procedures for administering the task order.

(b) Contractor labor standard provisions.

(c) Task order modification and administration procedures.

(d) Payment estimate data and procedures.

(e) Contractor insurance requirements.

(f) Contractor performance evaluations.

(g) Installation rules and regulations.

(h) Task Order specific points of contact.

(2) Begin work on the task order in accordance with the task order scope of work and following an approved work schedule. The contractor shall meet the following requirements:

(a) Comply with the approved Site Safety and Health Plan submitted in accordance with this MATOC, as well as adaptations specific to the current task order.

(b) Comply with the approved Quality Control Plan submitted with in accordance with this MATOC, as well as adaptations specific to the current task order.

(c) Prepare and certify a comprehensive work schedule based on the task order.

Any changes to the schedule are subject to the approval of the Contracting Officer.

(d) Construction warranties. Standard commercial warranties shall be turned over to the Government at the end of the task order. A list of companies (names, addresses, and phone numbers) that honor the warranties shall be provided. In addition to the commercial warranties, the Contractor shall provide a one-year warranty on the work performed under the task order. During this warranty period, the contractor shall remedy, at his expense, any failure to conform, or any defect, damage, or failure of the work. A contractor point of contact shall be provided for 24-hour answering and response capability. If the remedy is not made within 72 hours of notification, the Government has the option of taking steps to remedy the failure and bill the contractor for this remedy.

(e) Submit monthly progress reports in a narrative or tabular form, detailing each activity shown on the work schedule for a reporting period. Contents of the report should include: progress summary stated by estimated percent of completion; remarks section to describe any problems which may have caused a lag in schedule as well as plans to get back on schedule. A summary report covering all task orders shall also be provided, including similar information in an abbreviated format.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

SECTION 00110

PROPOSAL PREPARATION

Part 1 GENERAL

1.1. METHOD OF PROCUREMENT

The U.S. Army Corps of Engineers, Tulsa District, intends to solicit this requirement under Small Business Set-Aside consideration. One solicitation will be issued however three (3) contractors are selected with three (3) contract numbers.

1.2. SUBMITTAL INSTRUCTIONS

Proposals are due as indicated on the Solicitation, Offer and Award form (Standard Form 1442) found in Section 00010, SOLICITATION, OFFER, AND AWARD, AND PROPOSAL SCHEDULE.

Proposals shall be sent to the address indicated in Block 8 of SF 1442 by the date and time shown in Block 13(a) of SF 1442.

Submittal of proposals or modifications to proposals on this solicitation by FAX is not allowed.

Hand deliveries to the Tulsa District shall be delivered to the Welcome Center on the first floor of the building. Call extension 7274 for pickup.

The Tulsa District business hours are from 7:45 am to 4:30 pm, Monday through Friday.

Closed on Federal Holidays.

1.3. INFORMATION REQUIRED FOR PROPOSAL

Instructions for the preparation and organization of each proposal are included herein.

The proposal shall be submitted in two separate volumes as summarized below and as required by the solicitation.

Proposal submission shall include the original and four (4) copies.

1. PROPOSAL SUBMISSION INSTRUCTIONS.

PROPOSAL FORMAT. Proposals shall be submitted on 8 ½ x 11-inch paper. Each offeror shall submit their management/technical proposal in loose-leaf binders with each binder clearly labeled with the RFP number, description, name of offeror and volume number. The price/cost proposal shall be submitted in a separate envelope labeled with the same information. The proposal shall be typed, pages shall be numbered, sections shall be tabbed, and the appropriate number of copies shall be submitted. An index of sections shall be provided for each volume with the appropriate page numbers where each section may be found. Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g. changes shall be underlined or printed in bold face. Revised pages shall be numbered, dated, submitted in appropriate number of copies. Offerors shall submit two volumes, divided into sections as follows:

(1) VOLUME I—Management/Technical Proposal (original and 4 copies)

Demonstrate Adherence to Specifications (Task Order Project) Past Experience/Past Performance

(2) VOLUME II—Price/Cost Proposal (original and one copy)

Standard Form 1442 Representations and Certifications (Section 00600)

2. EVALUATION PROCEDURES. Each proposal will be evaluated initially to determine responsiveness. Responsive proposals will be further evaluated to determine the technical acceptability of the proposals. Negotiations may be initiated with those offerors submitting technically acceptable proposals or proposals capable of being made acceptable.

3. EVALUATION CRITERIA: The evaluation of proposals will be separated into two parts.

Management/Technical and Cost/Price.

a. COST/PRICE.

1. The Government may reject an offer as non-responsive if it is materially unbalanced as to prices for the basic requirements. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices, which are significantly overstated for other work.

2. The cost/price evaluation shall be based upon the realism and reasonableness of the proposed amount. However, award will be made to the lowest cost, technically acceptable, responsible, and responsive offeror.

b. Management/Technical evaluation will be based on the factors listed in paragraph 1 above.

4. MANAGEMENT/TECHNICAL PROPOSAL PREPARATION (VOLUME I). Each offeror shall submit their management/technical proposal in a loose-leaf binder. It shall be typed, pages shall be numbered, sections shall be tabbed, and the original and four (4) copies shall be submitted. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of the proposal. Offers not conforming to the prescribed format may be rejected as nonresponsive. The management/technical proposal shall include the information as described below and shall be presented in the sequence listed.

a. DEMONSTRATE ADHERENCE TO SPECIFICATIONS. The offeror shall provide description of how the system proposed meets all technical specifications. A technically acceptable offeror for this factor will be an offer that meets all technical specifications.

b. PAST EXPERIENCE/PAST PERFORMANCE. The offeror shall provide information indicating projects where similar equipment has been installed. This information shall include date installed, point of contact with phone numbers, description of similarities and differences with this requirement and location of installation. A technically acceptable determination on this factor will be at least three (3) similar projects installed within the last ten (10) years with a satisfied customer.

5. COST/PRICE PROPOSAL PREPARATION (VOLUME II). Each offeror shall submit their cost/price proposal on the Bid Schedule in Section B in an original only. Price proposed shall be firm. The cost/price proposal shall consist of the following:

a. Standard Form 1442. Solicitation, Offer and Award shall be completed appropriately and signed by a principal of the offeror that is authorized to bind the firm.

b. Task Order Project. Complete the bid schedule for this task order.

c. Representations and Certifications (Section 00600). Complete this section as it applies to your organization. Offerors do not need to be registered in the Central Contractor Registration database to submit an offer, but, if selected as the successful offeror, will need to registered to receive an award.

6. AWARD. Award will be made to the lowest cost, technically acceptable, responsible, and responsive offeror.

TASK ORDER PROJECT PAGE

BIDDING SCHEDULE FOR

CRACK AND FOG SEALING THE CREST ROADWAY

ON THE EMBANKMENT, OFFICE COMPOUNT, AND

ADJACENT PARKING LOT,

HUGO LAKE, CHOCTAW COUNTY, OKLAHOMA

Item Unit No. Description Quantity Unit Price Amount

1. Crack and Fog Sealing the Crest Roadway 1 LS xxx $________ on the Embankment, Office Compound, and Adjacent Parking Lot, Hugo Lake, Oklahoma, in accordance with the Scope of Work.

TOTAL BASE BID $_________

BIDDING SCHEDULE NOTES

1. Bidders are instructed to bid on all items.

2. Only one contract will be awarded.

SCOPE OF WORK

CRACK & FOG SEALING THE CREST ROADWAY

ON THE EMBANKMENT, OFFICE COMPOUND &

ADJACENT PARKING LOT

AT HUGO LAKE

LOCATION: Hugo Lake is located in Southeastern Oklahoma, 6 miles east of Hugo on north side of hi-way 70.

SCOPE OF WORK:

Contractor shall prep and seal cracks with a placement of thermoplastic material designed for crack sealing. The cracks will be cleaned and free of debris by using a high pressured air compressor with wand. The cracks should be filled from the bottom to the top so that the material around the surface of the crack should be squeegeed or brushed off. Sand or covered aggregate shall be broadcast over the surface of the crack to avoid picking up of uncured material. Larger cracks may need to be filled in steps with liberal use of aggregate (as much as 50 % percent of the total volume).

Contractor shall prep surface of the entire road to be free of debris by sweeping.

A fog sealer will be applied to the surface. The fog sealer will consist of a light application of diluted, slow setting asphalt.

Dimensions of road are 31ft.X 8736 ft. (270,816 surface ft. area) with multiple cracks.

Bridge (554 ft. not included).

Compound (42,980 surface ft. area with multiple cracks) Parking lots (49,576 surface ft area with multiple cracks)

Contractors shall provide all materials, equipment, labor and proper warning & road signs

Note: a site visit is highly recommended.

POC:

Mark Ellison 580-326-3345 Roy Rutland 580-326-3345

LIQUIDATED DAMAGES. Refer to basic contract section 00800, clause 52.211-12, Liquidated Damages - Construction. Liquidated damages for this work are $145 for each calendar day of delay.

PERFORMANCE TIME. Refer to basic contract section 00800, clause 52.211-10 Commencement, Prosecution, and Completion of Work. Performance time for this work is 30 days.

WAGE DETERMINATION. Refer to basic contract Section 00800, clause 52.000-4002 Wage Rates.

The attached wage determination OK080002 dated 02/08/2008 is hereby applicable to work performed under this task order.

WEATHER DELAYS. Noted below:

52.0000-4020 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989)(ER 415-1-15)

1. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "Default: (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

2. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2, above, the contracting officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)".

General Decision Number: OK080002 02/08/2008 OK2

Superseded General Decision Number: OK20070002

State: Oklahoma

Construction Types: Heavy Sewer and Water Line and Highway

Counties: Adair, Alfalfa, Atoka, Beaver, Beckham, Blaine, Bryan, Caddo, Carter, Cherokee, Choctaw, Cimarron, Coal, Cotton, Craig, Custer, Delaware, Dewey, Ellis, Garvin, Grady, Grant, Greer, Harmon, Harper, Haskell, Hughes, Jackson, Jefferson, Johnston, Kay, Kingfisher, Kiowa, Latimer, Le Flore, Lincoln, Love, Major, Marshall, Mayes, McCurtain, McIntosh, Murray, Muskogee, Noble, Nowata, Okfuskee, Okmulgee, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, Pushmataha, Roger Mills, Seminole, Stephens, Texas, Tillman, Washington, Washita, Woods and Woodward Counties in Oklahoma.

Construction, alteration, and/or repair of streets, highways, runways, erosion control structures and water and sewer utilities (but does not include building structures on highway rest areas) also excludes heavy construction within the city limits of Muskogee.

Modification Number Publication Date 0 02/08/2008

W44XGQ80723733, CRACK AND FOG SEALING THE CREST ROADWAY ON THE EMBANKMENT, OFFICE COMPOUND AND

ADJACENT PARKING LOT AT HUGO LAKE, CHOCTAW COUNTY, OKLAHOMA

OK080002 - 1 02/08/2008

SUOK1991-001 12/12/1991

Rates Fringes Air Tool Operator..............$ 6.50 Asphalt Raker..................$ 6.75 Blaster........................$ 8.75 Carpenter......................$ 8.50 Concrete Finisher-Paving.......$ 8.60 Concrete Finisher-Structures...$ 8.00 Concrete Rubber................$ 6.50 Flag Person....................$ 6.25 Form Builder-Structures........$ 7.50 Form Setter-Paving & Curb......$ 7.50 Form Setter-Structures.........$ 7.50 Labor Common...................$ 6.25 Manhole Inlet Builder..........$ 7.25 Mechanic.......................$ 9.00 Painter-Structures.............$ 7.00 Pile Driver....................$ 7.50 Pipelayer......................$ 7.50 Power equipment operators:

ASPAHLT PAVING MACHINE

SCREED......................$ 8.55

ASPHALT DISTIBUTOR..........$ 7.55

ASPHALT HOT-MIX PLANT.......$ 8.50

ASPHALT PAVING MACHINE......$ 8.55

BACKHOE-LOADER..............$ 8.30

BOX BLADE-LOADER............$ 7.55

BROOM/SWEEPER...............$ 7.00

BULLDOZER (150 H.P. &

LESS).......................$ 8.40

BULLDOZER (OVER 150

H.P.).......................$ 8.75

CONCRETE MIXING PLANT.......$ 8.50

CONCRETE PAVING

CURING/TEXTURE/FLOAT........$ 8.50

CONCRETE PAVING

FINISHING MACHINE...........$ 8.55

CONCRETE PAVING FORM

GRADER......................$ 8.20

CONCRETE PAVING GRINDER.....$ 7.60

CONCRETE PAVING JOINT

SEALER......................$ 7.75

CONCRETE PAVING SPREADER....$ 8.50

CONCRETE SAW OPERATOR.......$ 7.40

CONCRETE SCREED MACHINE.....$ 7.75

CRANE, CLAMSHELL,

DERRICK, DRAGLINE,

SHOVEL (1 1/2 C.Y.

& LESS).....................$ 7.95

DERRICK, DRAGLINE,

SHOVEL (OVER 1 1/2

C.Y.).......................$ 8.50

CRUSHER & SCREENING

PLANT.......................$ 8.25

CURB MACHINE (SLIPFORM).....$ 8.30

FOUNDATION DRILL, TRUCK

MOUNTED.....................$ 11.85

OK080002 - 2 02/08/2008

FRONT END LOADER (2-1/2

C.Y. & LESS)................$ 7.75

FRONT END LOADER (OVER

2-1/2 C.Y.).................$ 8.45

HYDRAULIC EXCAVATOR.........$ 8.65

MOTOR GRADER (FINE

GRADE)......................$ 9.05

MOTOR GRADER (ROUGH)........$ 8.00

PAVEMENT MAKING MACHINE.....$ 8.00

PLANER, MILLING MACHINE.....$ 8.25

PUGMILL MIXING PLANT........$ 7.15

PUMP CRETE..................$ 7.15

REINFORCING STEEL

MACHINE.....................$ 7.40

ROLLER PNEUMATIC

(SELF-PROPELLED)............$ 7.45

ROLLER STEEL-WHEEL

(OTHER).....................$ 7.45

(PLANT-MIX).................$ 7.85

SCRAPER (17 C.Y. & LESS)....$ 8.30

SCRAPER (OVER 17 C.Y.)......$ 8.55

SELF-PROPELLED HAMMER.......$ 7.20

SIDE-BOOM...................$ 7.65

TRACTOR: CRAWLER (150

H.P. & LESS)................$ 7.15

TRACTOR: CRAWLER (OVER

150 H.P.)...................$ 7.50

TRACTOR: PNEUMATIC (80

H.P. OR LESS)...............$ 7.45

TRACTOR: PNEUMATIC

(OVER 80 H.P.)..............$ 7.65

TRAVELING MIXER.............$ 7.25

TRENCHING MACHINE...........$ 8.25

WAGON DRILL, BORING

MACHINE OR POST HOLE........$ 6.60

Reinforcing Steel Setter Paving.........................$ 7.50 Reinforcing Steel Setter Structures.....................$ 7.50 Servicer.......................$ 7.75 Sign Erector...................$ 8.00 Spreader Box Person............$ 7.00 Steelworker Structural.........$ 7.50 Traffic Control Device Monitor........................$ 7.00 Traffic Signal Installer.......$ 11.50 Truck Driver

LOWBOY, FLOAT...............$ 8.60

SINGLE AXLE, 2 TONS &

UNDER.......................$ 6.85

SINGLE AXLE, OVER 2 TONS....$ 7.05

TANDEM AXLE &

SEMITRAILOR.................$ 7.30

Vibrator Operator - Hand Type...........................$ 6.25 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidential.

OK080002 - 3 02/08/2008

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

OK080002 - 4 02/08/2008

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Wa…