A1 -RFP Terms and Conditions 12445226R0008.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

GAOA Buck Hall Recreation Phase 1 Renovation 12445226R0008

Description - Buck Hall Recreation Area Phase One Renovation includes the replacement of the site's sea wall with a new revetment and sea wall, the replacement of the site's bath house, toilet building, well house, picnic shelter, water system, wastewater system, and electrical system, reconfiguration of the site's campground loop, boat landing, day use trail, and storm drainage system.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued.

Solicitation number 12445226R0008 is issued as a Request for Quotation (RFP) for Buck Hall Rec Area 999 Buckhall Landing Road McClellanville, SC 29458 (Charleston County).

This acquisition is set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 236220. The small business size standard is $45M This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

See “RFP Terms and Conditions 12445226R0008” for applicable clauses, instructions, and evaluation criteria.

FAR 36.204 Magnitude of Construction Project Between $5,000.000.00 to $10,000,000.00.

Statement of Requirement

FAR 52.225-11, Buy American-Construction Materials under Trade Agreements is included - One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.

Definitization of Equitable Adjustments for Change Orders -

Pursuant to FAR 36.101-4(b), information regarding USDA’s definitization of equitable adjustments for change orders under construction contracts may be found at Contracting with USDA | USDA. USDA's procedures that apply to the definitization of equitable adjustments for change orders under construction contracts may be found in AGAR 443.304-70.

Technical Data - Technical data and supporting documentation associated with this solicitation are available through the following sources:

1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.

· A1 - RFP Terms and Conditions 12445226R0008

· A2 - SOW Buck Hall Reno 2.0

· A3 - SOI Buck Hall Final

· A4 - Specifications Table of Contents

· A5 - Specifications Manual 2026

· A6 - Bldg Set pg. 1-53 of 53

· A7 - Site Set pg. 1-109 of 138

· A8 - Site Set pg. 110-116 of 138 Onsite Wastewater Design (OSE)

· A9 - Site Set pg. 133-138 of 138 Kayak Launch (ATM)

· A10 - Project Map

· A11 - Appendix A Pics and Illustrations

· A12 - WD Building SC20250023 Charleston Cnty

· A13 - Past Performance Questionnaire

· A14 - Experience Questionnaire

· A15 – Bid Schedule Plan

Period of Performance The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 545 calendar days after Notice to Proceed (NTP) date. The time stated for completion shall include final cleanup of the premises.

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

The following clauses are mandatory in all solicitations and contracts:

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:

The following clauses are applicable if checked:

The Contractor shall comply with the following FAR Clauses for Commercial Construction.

The following clauses are applicable when checked:

Other Applicable Clauses

FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.233-1 Disputes (SEP 5) FAR 52.236-22 Design Within Funding Limitations (JUL 2025) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.245-1 Government Property (Sep 2021) ☐ Alternate I (Sep 2021) of FAR 52.245-2 Government Property Installation Operation Services (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.246-15 Certificate of Conformance (Apr 1984) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)- Alternate I (SEP 1996) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984)

Other Requirements FAR 28.307-2 Liability.

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they must be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 must be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer must require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance must be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer must require automobile liability insurance written on the comprehensive form of policy. The policy must provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States must provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies must be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer must require aircraft public and passenger liability insurance. Coverage must be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury must be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer must require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

AGAR Clauses

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

452.203-72 Unenforceable Supplier Terms (APR 2026)

(a) Definitions. "Supplier terms" means any terms, conditions, or agreements provided by a supplier, vendor, or contractor in a commercial supplier agreement, whether in hard copy or electronic format, including end user license agreements, terms of service, click-wrapped agreements, or browse-wrapped agreements. "Government" means the United States of America.

(b) Unenforceable Supplier Terms. If any supplier terms conflict or are inconsistent with this clause or the terms of the Government contract or solicitation, this clause and the terms of the Government contract or solicitation shall prevail to the extent of such inconsistency.

If the supplier terms include any of the following, they are hereby deemed to be unenforceable against the Government: [1]

1. Indemnification. Any clause requiring the Government to indemnify, hold harmless, or defend the contractor or any other entity for any loss, damage, injury, or liability.

2. Limitation of Liability. Any clause limiting the contractor’s liability for direct damages, consequential damages, indirect damages, or special damages, except as allowed by law.

3. Automatic Renewals. Any clause providing for automatic renewal of the agreement.

4. Payment terms. Any clause requiring payment in advance of services or products, interest on late payments, or attorney fees, except as permitted by federal law.

5. Applicable Law/Jurisdiction. Any clause requiring the application of foreign or state law or designating a specific venue or forum for disputes.

6. Confidentiality. Any clause restricting the Government from releasing, displaying, or disclosing information that is subject to the Freedom of Information Act (FOIA).

7. Right to Audit. Any clause that allows the contractor to audit the Government.

8. Assignment. Any clause allowing the contractor to assign the agreement without the Government’s prior written consent.

9. Unilateral Changes. Any clause allowing the contractor to unilaterally change the terms of the agreement. [1, 2, 3, 4, 5]

(c) Conflict. If any supplier terms conflict or are inconsistent with the preceding paragraph (b), the language, provisions, or clause of paragraph (b) shall prevail to the extent of such inconsistency.

452.232-71 Progress Payments for Commercial Construction Contracts (Dec 2025)

(a) Contractor entitlement to progress payments. The Contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.

(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:

Materials delivered on site and preparatory work;

Materials delivered to the Contractor at locations other than the site, if:

Specifically authorized by the contract; and The Contractor provides satisfactory evidence of title and intended use in the contract.

(c) Contractor request for progress payments. The Contractor’s request for progress payments shall include the following:

1. An itemization of the amounts requested, related to the various elements of work required by the contract;

A listing of the amount included for work performed by each subcontractor;

A listing of the total amount of each subcontract;

A listing of the amounts previously paid to each subcontractor; and Additional supporting data in a form and detail required by the Contracting Officer.

(d) Contractor Certification. Each request for progress payment shall be accompanied by the following certification:

I hereby certify, to the best of my knowledge and belief, that—

1. The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

1. All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

1. This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

1. This certification is not to be construed as final acceptance of a subcontractor’s performance.

________________________________________________(name/title/date)

(e) Access for verification of payment entitlement. To verify the Contractor’s entitlement to progress payments under this contract, the Contractor shall provide the Government, upon request and during normal business hours, access to the following:

1. Records and Documentation:

1. Certified progress payment requests and supporting documentation.

1. Subcontractor and supplier invoices, payment records, and lien waivers.

1. Updated schedule of values and progress schedules.

1. Quality assurance and inspection reports.

1. Payroll records, if applicable under labor provisions.

Facilities and Worksite Access:

1. Physical access to the construction site for inspection of work progress.

1. Access to off-site storage locations for materials billed but not yet incorporated into the work; or

1. Access to any fabrication facilities where contract-related work is being performed.

Access to electronic invoicing or project management systems used to track progress and payments, if such systems are used in contract performance.

(f) Dates for payment. A progress payment under this clause is a contract progress payment under the Prompt Payment clause of this contract, and except as provided in paragraph (g) of this clause, approved requests shall be paid within 30 days of submitting a proper request for payment.

(g) Liquidation of progress payments. Progress payments shall be liquidated by deducting from the payment of each item the total unliquidated amount of progress payments made for that separately priced unit of that line item. The liquidation amounts for each line item shall be clearly delineated in each request for progress payment submitted by the Contractor.

(h) Security for progress payments. In the event the Contractor fails to provide adequate security as required in this contract, no progress payment shall be made under this contract. Upon receipt of adequate security, progress payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the contract. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; the Contractor shall repay to the Government the amount of unliquidated progress payments as the Contracting Officer at his sole discretion deems repayable.

(i) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.

(j) Reservation of rights.

1. No payment, vesting of title under this clause, or other action taken by the Government under this clause shall-

1. Excuse the Contractor from performance of obligations under this contract; or

1. Constitute a waiver of any of the rights or remedies of the parties under the contract.

The Government’s rights and remedies under this clause-

1. Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

1. Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(k) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

1. Notify the Contracting Officer of such performance deficiency; and

1. Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

1. The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

1. The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(l) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(m) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

1. Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

1. Waiving the right of the Government to require the fulfillment of all the terms of the contract.

1. The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(n) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (l) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(o) Final payment. The Government shall pay the amount due the Contractor under this contract after-

1. Completion and acceptance of all work.

1. Presentation of a properly executed voucher; and

1. Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 ( 31 U.S.C.3727 and 41 U.S.C. 6305).

(p) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(End of clause)

Solicitation Information -

Award Type It is anticipated that a Firm Fixed Price Contract will be awarded as a result of this synopsis/solicitation.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.

Proposal Instructions

1. INTRODUCTION

This acquisition is being conducted as a competitive, Total Small Business Administration set-aside. In providing these instructions, the Government’s intention is to solicit information that will permit a competitive evaluation of the Offeror’s proposal. The information solicited will demonstrate the Offeror’s competence and capability to successfully complete the requirements specified in the Buck Hall Recreation Phase I Renovation SOW and supporting documentation. Generally, the proposal shall:

(a) Demonstrate understanding of the overall and specific requirements of the proposed Contract; convey the company’s capabilities for transforming understanding into accomplishment; provide in detail, the plans and methods for so doing; and provide, as requested below, the price associated with so doing.

(b) The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and substantiation of all information. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements.

(c) Elaborate brochures or documentation, detailed artwork, or other superfluous embellishments are unnecessary and are not desired, unless specifically requested in a scenario response.

(d) Offerors are requested to provide information responsive to the items set forth below. This information is considered essential for the Government to conduct a fair and uniform evaluation of proposals in accordance with the evaluation factors. The items listed are not, however, all-inclusive and you should include in your proposals any further discussion you believe to be necessary or useful in demonstrating your ability to perform the work under this Contract.

(e) For a more complete understanding of this part of the instructions, refer to the Evaluation section. The instructions in this part are directly related to the evaluation factors set forth.

Table 1 Cross Reference from Instructions to Evaluation

2. INSTRUCTIONS

The Government intends to conduct this acquisition by using competitive source selection procedures in accordance with the provisions set forth in the Request for Proposal (RFP), FAR Part 15.1. Under this RFP, the Government intends to award a single firm fixed price contract.

The Government intends to evaluate proposals in accordance with the RFP selection criteria described herein. The basis of award using Trade Off process set forth in FAR 15.103-1. The Government intends to make an award to one responsible offeror whose proposals conform to all the terms and conditions of the RFP to the Government.

This procurement will be conducted using a combination of technically acceptable baseline requirements (Acceptable/Unacceptable) and tradeoff of past performance, and price. The Government seeks to select an Offeror whose proposal represents the best value after evaluation (see Proposal Evaluation, Performance Price Tradeoff (PPT) Proposal Evaluation, for evaluation procedures). The baseline requirements are considered basic Government needs in determining technical acceptability.

Technical acceptability, past performance, price, and other proposal requirements are discussed in detail below.

To be considered technically acceptable, the narrative must be deemed acceptable, and the past experience must be minimally determined Relevant. The failure of a proposal to meet any of the acceptability standards for the technical approach subfactors will result in a technically unacceptable rating and preclude award.

Proposals shall be submitted to the following:

· Penny Zortman at penny.zortman@usda.gov and Jalisa Sims at jalisa.sims@usda.gov.

The offerors shall submit all proposals via email by the due date and time specified on Page 1 of the SF 1442 (Block 13A) and include the solicitation number, and the bidder’s name and address. The email proposal subject line shall include the solicitation number and project name. Offerors shall submit all requested information specified in the RFP. Failure to submit requested information or to meet an RFP requirement may result in an offer being ineligible for award.

The Government reserves the right to provide offerors the opportunity to resolve minor or clerical errors or clarify certain aspects of their proposal. Clarifications can be used to enhance the Government’s understanding of a proposal, allow reasonable interpretation of a proposal, or facilitate the Government’s evaluation process.

Clarifications include, but are not limited to, addressing: ambiguities of the proposal; other concerns such as perceived deficiencies, weaknesses, errors, omissions, or mistakes; the relevance of an offeror's past performance information; and adverse past performance information to which the offeror has not previously had an opportunity to respond.

Clarifications do not permit offerors to revise their proposal and cannot be used to cure proposal deficiencies or material omissions or materially alter the technical or price of the proposal. However, the Government may request additional information, or documentation provided the price or other material elements of the proposal are unchanged.

Clarifications may occur, at the contracting officer’s discretion, at any time after receipt of proposals through contract award. Contracting officers are not required to conduct clarifications with an offeror. If the contracting officer conducts clarifications with one or more offerors, it is not required to conduct clarifications with any other offeror.

The Government cannot make an award to an offeror that is determined to have a technical proposal that is unacceptable. Therefore, receipt of an “UNACCEPTABLE” determination of acceptability of the technical factor will make the offer ineligible for award.

3. Technically Acceptability Factor- Volume I Offeror shall provide information on the following elements within their technical proposal documentation:

· Technical Approach

· Relevant Experience

3.1 Technical Approach:

The technical approach will evaluate the offeror’s ability to provide a feasible, sound, complete, and compliant approach that meets all requirements and demonstrates a thorough understanding of them. Include a narrative describing the offeror’s approach to managing the major components of the project, including:

1. Demolition and construction of Rock Revetment, Boat Launch and Bulkhead renovations.

2. Demolition and construction of Boat Launch Parking.

3. Demolition and construction of water system.

4. Construction of septic system and new drain field.

5. Demolition and construction of bathhouses and picnic shelter.

6. Construction of the RV Dump station and associated new asphalt.

7. Anticipated contingencies/challenges/risks and strategies for resolving them.

8. Describe your approach to mobilization, site logistics, access, etc.

The narrative must be accompanied by a construction schedule that clearly outlines the major components of work (including major tasks), demonstrates a thorough understanding of the contract requirements, and reflects the contractor’s capacity to complete the work within the government’s stated period of performance. Construction schedules shall be in GANTT chart format.

Format: The narrative shall be no more than 10 pages, Times New Roman 12-point text with a one-inch margin on all sides in accordance with Microsoft Word default settings. Character spacing shall be “Normal” per Microsoft Word settings. Text in diagrams, charts, tables, artwork, and photographs shall be no smaller than 12-point text size. Diagrams, charts, tables, artwork and photographs shall not be used to circumvent the text size limitations of the proposal. The margins may contain headers and footers but shall not contain any proposal content to be evaluated.

Title pages, table of contents, cross-reference matrices, glossaries, acronym lists, and page tabs that do not contain information that can be construed as proposal information will not be counted as part of the page limitations. However, these pages shall be numbered with lower case Roman numerals (i, ii, iii, etc.) in order to provide ease of reference for the Government.

Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government. Minor informalities or irregularities in a proposal that can be adjusted, corrected, or waived without being prejudicial to other Offerors may be accepted if it is immaterial to the acquisition.

3.2 Recent and Relevant Experience:

The Offeror must demonstrate successful experience as a General Contractor (GC) responsible for the construction of five (5) “relevant” projects substantially completed within the past five (5) years (recent) from the date of RFP. Substantially complete is defined as 75% complete by the date that proposals are due. The GC may use the experience of its subcontractor to fulfill two (2) projects of this requirement. A project shall be considered “relevant” if it is similar in size, scope, and complexity to the Request for Proposal (RFP). For the purposes of this evaluation, relevant projects will include projects that meet the following characteristics:

1. The project scope was primarily for construction, alteration, or renovation of commercial buildings, potable waterline, sanitary sewer conveyance systems, and site work (to include paving, grading, coastal protection, etc.). “Primarily” means that more than 50% of the project scope met this description.

2. The construction project should be valued at least $2,000,000.

3. A project is defined as work performed under a single task order or contract. For multiple/single award and IDIQ type contracts, the contract shall not be submitted as a project; rather Offerors shall submit the work performed under a single task order as a project.

For each referenced recent and relevant project, submit Attachment A14 - Experience Questionnaire. No additional information unrelated to the relevant projects shall be included in the questionnaire. Additional information that is not related to the question or relevant projects in the questionnaire will not be evaluated.

4. Past Performance Factor -Volume II The Offerors shall only provide past performance information related to the three (3) relevant construction projects submitted in Technical Acceptability. Past performance information may be submitted in one of three ways. If the Offerors were a subcontractor for a particular/specialized portion of the SOW, the Offerors may utilize this work as a relevant project submittal.

1. A completed Past Performance Questionnaire (Attachment A13 - Past Performance Questionnaire)

2. A completed Contract Performance Assessment Reporting System (CPARS) Evaluation Report or a Construction Contractor Appraisal Support System (CCASS) Evaluation Report

3. A completed Past Performance Questionnaire from a previous from a previous proposal that is substantially equivalent to Attachment A13 - Past Performance Questionnaire.

The Government may utilize the references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS).

5. Price Proposal -Volume III Offerors shall submit the Schedule of Items (A3 - SOI Buck Hall Final), all blocks must be completed by the offeror. All Items must be priced.

No pricing information shall be included in Volume I and Volume II. All pricing information shall be limited to Volume III Pricing. Any pricing information found in Volume I or Volume II is subject to disqualification and the proposal removed from consideration.

6. Additional Documentation- Volume IV Volume IV shall only include the following items:

· Signed Standard Form 1442, Solicitation/Offer/Award (Construction, Alteration, Repair), with blocks 14 – 20c completed by the offeror.

· Acknowledgement of solicitation amendments (if any). This can be accomplished by completing section 19 on SF-1442 and by submitting the signed SF-30(s) from www.sam.gov with your price proposal.

· Scanned copy of fully executed Bid Guarantee (Standard Form 24 and Power of Attorney).

· Section K - Offeror Representations and Certifications – Complete the requested information in each applicable provision in Section K (FAR 52.204-8, FAR 52.204-24, FAR 52.219-4). Only return the applicable provisions, not the entire solicitation.

Offeror must have an active entity registration at https://www.sam.gov to submit an offer. Failure to meet this requirement will result in the proposal not being considered as responsive as outlined in IAW the FAR and will be removed from consideration.

PROPOSAL EVALUATION

A Source Selection Evaluation Board (SSEB) comprised of representatives of the US Forest Service, User/Customer, and other required personnel will evaluate all proposals. The technical evaluation and rating of proposals will be conducted in strict confidence. Technical/non-price proposals will be initially reviewed and evaluated without knowledge of the corresponding price proposal. The number and identities of offerors will not be revealed to anyone who is not involved in the evaluation and award process, nor will this information be released to other offerors. Proposals will be evaluated based on the factors described herein, and the basis of award is the Tradeoff process.

An initial review of proposals will be conducted to determine acceptability of the proposals. All unacceptable proposals will be eliminated from further evaluation.

The remaining proposals will first be evaluated against the Technical Acceptability Factor. All “Acceptable” proposals will be evaluated against Past Performance, and Price Factors. At the completion of the evaluation against the Past Performance, and Price Factors, the Government will elect to award a contract to the technically “Acceptable” Offeror(s) who represents the best value as described below.

Ratings of “Acceptable” and “Unacceptable” are defined below:

“Acceptable” Rating – A proposal will be rated “Acceptable” under the Technical Acceptability Factor, where the narrative must be deemed acceptable, and the past experience must be minimally determined Relevant. An acceptable narrative demonstrates feasible, sound, complete, compliant responses to the technical approach requirements and demonstrates a thorough understanding of the SOW requirements and supporting documentation such that associated risks do not jeopardize an acceptable level of contract performance.

“Unacceptable” Rating – A proposal will be rated “Unacceptable” under the Technical Acceptability Factor, where the narrative must be deemed not acceptable, and the past experience is not minimally determined Relevant. An unacceptable narrative does not demonstrate feasible, sound, complete, compliant responses to the technical approach requirements and demonstrates a thorough understanding of the SOW requirements and supporting documentation associated risks do jeopardize an acceptable level of contract performance.

The Source Selection Evaluation Board (SSEB) will carry out the evaluation activities and report to the Source Selection Authority (SSA), who is responsible for making the source selection decision. For those Offerors who are determined to be “Acceptable” under the Technical Acceptability Factor, tradeoffs will be made between Past Performance and Price. Past Performance is approximately equal to price.

The Government will award the Offeror whose proposal offers the best overall value to the Government that meets all solicitation requirements and is determined responsible in…