AG-03R6-S-12-0050ShortSet.pdf

SOLICITATION FORMS

(FOR OFFEROR’S USE IN SUBMITTING OFFER)

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture Forest Service

Western Montana Acquisition Zone Building 24, Fort Missoula

Missoula, MT 59804

Solicitation No.

RFP AG-03R6-S-12-0050

Offers Are Solicited For:

Spotted Bear Water Distribution System Spotted Bear Ranger Station

Flathead National Forest Flathead County, Montana

**NOTICE TO OFFEROR**

Return your offer to:

USDA – Forest Service Western Montana Acquisition Zone ATTN: Solicitation No. AG-03R6-S-12-0050 Building 24 – Fort Missoula

IMPORTANT - NOTICE TO OFFEROR

1. Information, Instructions and documents for submission of offers are contained in this short packet. It contains only Part I, Sections A and B, and Part IV, Sections K, L, and M. TO ASSURE THAT YOUR OFFER IS RESPONSIVE, ALL DOCUMENTS CONTAINED IN THIS PACKET SHOULD BE COMPLETED AND RETURNED INTACT AS YOUR OFFER. The Offeror’s Copy contains the complete solicitation and should be retained by the Offeror for reference.

2. Before mailing your offer, please recheck the following:

(a) Does your offer set forth full, accurate, and complete information as required by this solicitation including attachments and any amendments which may have been issued?

(b) Have you rechecked your figures, including calculations on your worksheets?

(c) If bid guarantee is required, is it enclosed in proper form and the amount including Power of Attorney?

(d) Have you completed and signed all required documents?

FS-6300-44

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-03R6-S-12-0050

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

May 18, 2012

PAGE OF PAGES

1 44

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service Western Montana Acquisition Zone Building 24, Fort Missoula

USDA, Forest Service Western Montana Acquisition Zone Building 24, Fort Missoula Missoula, MT 59804

9. FOR INFORMATION

CALL:

a. NAME Loren Ebner

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

(406) 329-3858

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Spotted Bear Water Distribution System Spotted Bear Ranger District

Price Range The Government’s estimate is between $250,000 and $500,000 (per FAR 36.204)

11. The Contractor shall begin performance within 10 calendar days and complete it within 75 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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

(If “YES,” indicate within how many calendar days after award in Item 12b.)

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and * copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time June 18, 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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, is not required. (If “is required” see AGAR Clause 452.228-70)

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 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

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

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

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)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

USDA – Forest Service Western Montana Acquisition Zone Building 24, Fort Missoula Missoula, MT 59804

Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to:

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

AG-03R6-S-12-0050

Spotted Bear RS Water Distribution System/Flathead NF

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Spotted Bear Ranger Station – Water Distribution System Project

Spotted Bear Ranger District

B- 1 – Schedule of Items

Item No. Description

Method * of

Measurement Unit Estimated

Quantity Unit Price Total

101 Mobilization/Demobilization LSQ LS 1 XXXXX $________

102 Traffic Control LSQ LS 1 XXXXX $________

103 Erosion and Sediment Control LSQ LS 1 XXXXX $________

WATER DISTRIBUTION

201 4" Water Main CQ LF 5423 $_______ $________

202 2" Water Main CQ LF 2678 $_______ $________

203 4" Ball Valve and Valve Box AQ EACH 12 $_______ $________

204 2" Ball Valve and Valve Box AQ EACH 3 $_______ $________

205 2" Water Service AQ EACH 2 $_______ $________

206 2" Water Service Pipe CQ LF 198 $_______ $________

207 1" Water Service AQ EACH 31 $_______ $________

208 1" Water Service Pipe CQ LF 1364 $_______ $________

209 Flushing Hydrant AQ EACH 5 $_______ $________

210 Frost Free Yard Hydrant AQ EACH 4 $_______ $________

211 Host Site Hydrant AQ EACH 5 $_______ $________

212 Campground Hydrant AQ EACH 4 $_______ $________

213 Tanker Fill Station AQ EACH 2 $_______ $________

214 Drain Drywell and Valve Vault AQ EACH 3 $_______ $________

215 Connect to Existing Water Main at Storage Tank LSQ LS 1 XXXXX $________

216 Connect to Existing Water Main at Wellhouse LSQ LS 1 XXXXX $________

217 Replace Tank Drain Line and Install Valve LSQ LS 1 XXXXX $________

Item No. Description

Method * of

Measurement Unit Estimated

Quantity Unit Price Total

218 Pump Control Cable CQ LF 2270 $_______ $________

219 Tank Manway Riser and Access Hatch AQ EACH 2 $_______ $________

220 Wellhouse Flowmeter LSQ LS 1 XXXXX $________

221 Water Line Bridge Crossing LSQ LS 1 XXXXX $________

222 Crushed Gravel Trench Surface Restoration CQ CY 30 $_______ $________

223 Self Watering Stock Drinker AQ EACH 4 $_______ $________

224 RV Dump Station Water Tower AQ EACH 3 $_______ $________

TOTAL PRICE $_______

* Designated Method of Measurement:

AQ - Actual Quantities, LSQ - Lump Sum Quantities; CQ – Contract Quantities

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

K- 1 FAR 52.204-8 Annual Representations and Certifications (MAR 2012)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237110 – Water and Sewer Line and Related Structures Construction.

(2) The small business size standard is $33.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph

(d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set-aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bid except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III). This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer.

[Contracting Officer check as appropriate.]

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

https://www.acquisition.gov/

K- 2 AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (Deviation 2012-01) (FEB 2012) Alternate I (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all Offerors must complete paragraph (1) of this representation, and all corporate Offerors also must complete paragraphs

(2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is , is not (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation.

If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has , has not (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has , has not (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does , does not (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS AND

RESPONDENTS

L- 1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)

52.215-1 Instructions to Offerors—Competitive Acquisition (JAN 2004)

L- 2 AGAR 452.204-70 Inquiries (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

L- 3 AGAR 452.215-71 Instructions for the Preparation of Technical and Business Proposals

(SEP 1999)

(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) The proposal must include a technical and business proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other.

The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provided, that an offeror also submit a proposal for performance of the work as specified in the statement of work. Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.

(3) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

(4) Offerors shall submit their proposal(s) in the following format and the quantities specified:

https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

(i) 1 copy of the completed, signed offer (Sections A, B and K)

(ii) 3 copies of the technical proposal (Response to Sections L and M)

(iii) 1 copy of the business/cost proposal.

(b) Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. NOTE:

To assist in the evaluation, you should number your responses to correspond with the criterion being addressed. As a minimum, the technical portion of your proposal must clearly provide the following information:

(1) Past Performance: Quality of performance and quality of end-result, timeliness of performance, business relations and customer satisfaction, and cost control on past projects of same or similar work.

Describe all contracts and subcontracts currently in process and completed by your firm in the past 3 years.

Include contracts and subcontracts similar in nature and complexity to that required by this solicitation and especially any contracts entered into with Federal, State and local governments and commercial customers.

Include the contract number, contracting officer or customer name with contact person and phone number, description of project, dollar amount, and subcontractors used (if any).

You may also discuss past accomplishments that indicate your firm's ability to perform the work required by the contract. If you encountered problems during contract performance, indicate your efforts to resolve them.

The Government will contact a sample of your past customers concerning the quality of performance and quality of end result(s) provided by your firm and your subcontractors; timeliness of performance; business relations during project management such as flexibility, problem solving, and cooperation; customer satisfaction; and cost/cost control.

(2) Experience & Qualifications: Quantity and Relevance of experience, and Offeror Qualifications.

Describe the Quantity of experience that your firm has in same or similar work, including type of work, size of project. Include information about the firm’s experience with similar projects in remote locations, if any. Include information about your firm’s workforce experience and qualifications, including information about the foreman’s quantity and relevance of experience.

(c) Business Proposal Instructions

(1) Price Proposal. Complete Section B, Schedule of Items.

L- 4 AGAR 452.215-72 Amendments To Proposals (FEB 1988)

Any changes to a proposal made by the offeror after its initial submittal shall be accomplished by replacement pages. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The offeror shall include the date of the amendment on the lower right corner of the changed pages.

L- 5 FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

L- 6 FAR 52.222-5 Davis-Bacon Act—Secondary Site of the Work (JULY 2005)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

L- 7 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade Goals for female participation for each trade

2.7% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative actions obligations required by the clause entitled "Affirmative Action Compliance Requirements for

Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U. S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Montana, Flathead County, Spotted Bear.

L- 8 FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and

(d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

L- 9 FAR 52.233-2 Service of Protest (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, Western Montana Acquisition Zone, Building 24, Fort Missoula, Missoula, Montana 59804.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L-10 FAR 52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for:

June 6, 2012 at 1:00 P.M.

(c) Participants will meet at:

Spotted Bear Ranger Station (See Paragraph C- 2 for location).

L-11 FAR 52.236-28 Preparation of Proposals--Construction (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms;

and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal" in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

L-12 AGAR 452.237-71 Pre-Bid/Pre-Proposal Conference (FEB 1988)

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential Offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference.

Questions will be considered at any time prior to or during the conference. However, Offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an Offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conference will be held:

Date: June 6, 2012 Time: 1:00 P.M.

Location: Spotted Bear Ranger Station (See Paragraph C-2 for location)

The following is added:

Please contact Loren Ebner at (406) 329-3858 with the number of persons who will attend the Pre-Proposal Conference.

L-13 FAR 52.252-3 Alterations in Solicitation (APR 1984)

Portions of this solicitation are altered as follows:

AGAR 452.237-71 - Pre-Bid/Pre-Proposal Conference (FEB 1988)

L-14 FAR 52.252-5 Authorized Deviations in Provisions (APR 1984)

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

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

SECTION M - EVALUATION FACTORS FOR AWARD

M- 1 Evaluation Criteria

(a) Technical (Non-Price Evaluation Factors). The two non-price factors listed here will be equally considered for the purposes of evaluation. An “Unacceptable” rating by the Government for either of these factors will preclude contract award to the Offeror.

(1) Past Performance: The Government will evaluate the Offeror’s past performance on same or similar work and will consider information submitted by the Offeror, obtained from references or obtained by the Government from other sources that is relevant to the following elements: (a) Quality of Performance and Quality of the End Result; (b) Timeliness of Performance; (c) Business Relations and Customer Satisfaction, and (d) Cost Control on projects of same or similar work. In evaluating past performance, the Government will consider the currency and relevance of the information provided or obtained, the context of the data and the general trends of Offeror’s performance. Offeror’s that have no record of past performance will receive a neutral rating. (See Paragraph L- 3.)

(2) Experience & Qualifications: The Government will evaluate the Offeror’s experience and qualifications on same or similar work, including (a) the quantity of Offeror’s experience on same or similar work; (b) the relevance of Offeror’s experience; and (c) the Offeror’s workforce experience and qualifications. (See Paragraph L- 3.).

(b) Price

(1) Price Schedule - The Government will evaluate Offeror’s prices submitted on the Schedule of Items found in Secition B.

(c) Award Statement. The Government will make contract award to a single Contractor. Award will be made to the Offeror(s) whose proposal represents the best value to the Government, technical and price factors considered. Evalution factors other than cost or price, when combined, are approximately equal to cost or price in the award decision. The critical factor in making any price/technical trade-offs is not the spread between the technical ratings, but rather the significance of that difference. The significance of the difference in ratings will be determined on the basis of what that difference is and what it would cost the government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for fulfilling the requirements of this contract. The Government reserves the right to make price/technical trade-offs that are in the best interest and advantageous to the Government.

The Government intends to evaluate proposals and award a contract without dicussions with Offerors.

Proposals should be submitted initially on the most favorable terms, from a price and technical standpoint, which the Offeror can submit to the Government. However, the Government may, after evaluation of proposals, conduct further oral or written discussions as appropriate, with all offerors whose proposals are within a competitive range.

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS AND RESPONDENTS