BIDPKT.doc

AG-0489-S-10-0298

FSR 15, 37, and 17 Chip Seal Bidder’s Packet

AG-0489-S-10-0298

FSR 15, 37, and 17 CHIP SEAL; MALHEUR NATIONAL FOREST

BID PACKET

TABLE OF CONTENTS

1. SF 1442

2. Schedule of Items – Price Proposal

3. Section K

4. Section L

5. Relevant Past Performance Questionnaire

6. Section M

OFFERS DUE: NLT 4:30 PM (PST) – May 12, 2010

PLEASE RETURN VIA MAIL OR HAND DELIVER TO:

Malheur National Forest; 431 Patterson Bridge Road; P.O. Box 909; John Day, OR 97845

FSR 17 CHIP SEAL PROJECT

MALHEUR NATIONAL FOREST

SCHEDULE OF ITEMS—PROJECT #1

ITEM

NO.

DESCRIPTION

EST.

QTY.

M. of

M.

PAY

UNIT

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization All

L.S.Q.

Lump Sum

15401

Contractor testing All

L.S.Q.

Lump Sum

40901

Surface treatment aggregates designation 1C

A.Q.

Ton

40904

Emulsified asphalt grade CRS-2

A.Q.

Ton

TOTAL: $________________________

Contractor Name

DATE

Address & Phone No.

Email Address: ________________________

Signature of Authorized Representative

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

FSR 15 CHIP SEAL PROJECT

MALHEUR NATIONAL FOREST

SCHEDULE OF ITEMS—PROJECT #2

ITEM

NO.

DESCRIPTION

EST.

QTY.

M. of

M.

PAY

UNIT

UNIT

PRICE

All

L.S.Q.

Lump Sum

All

L.S.Q.

Lump Sum

Surface treatment aggregates designation 1C

A.Q.

Ton

Emulsified asphalt grade CRS-2P 106.5

A.Q.

Ton

Signature of Authorized Representative

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

FSR 37 CHIP SEAL PROJECT

MALHEUR NATIONAL FOREST

SCHEDULE OF ITEMS—PROJECT #3

ITEM

NO.

DESCRIPTION

EST.

QTY.

M. of

M.

PAY

UNIT

UNIT

PRICE

All

L.S.Q.

Lump Sum

All

L.S.Q.

Lump Sum

Surface treatment aggregates designation _1C__

A.Q.

Ton

Emulsified asphalt grade _CRS-2P__ 40.5

A.Q.

Ton

Signature of Authorized Representative

CONTRACTOR INFORMATION

TIN: ____________________

DUNS: __________________

Section K—Representations, Certifications, and Other Statements of Offerors or Respondents

K-1 FAR 52.204-8 Annual Representations and Certifications (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(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 $100,000.

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

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

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

(viii) 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.

(ix) 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.

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

(xi) 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.

(xii) 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.

(xiii) 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.

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

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

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies.

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

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 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:

[X](i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

[X](ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

[ ](iii) 52.219-22, Small Disadvantaged Business Status.

[ ](A) Basic.

[ ](B) Alternate I.

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

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

[ ](vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

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

[X](viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

[ ](ix) 52.227-6, Royalty Information.

[ ](A) Basic.

[ ](B) Alternate I.

[ ](x) 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 at http://orca.bpn.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.

K-2 FAR 52.209-5 Certification Regarding Responsibility Matters (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The Offeror and/or any of its Principals -

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K-3 FAR 52.223-13 Certification of Toxic Chemical Release Reporting (AUG 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that -

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.)

___ (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

___ (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

___ (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

___ (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

___ (v) The facility is not located in the United States or its outlying areas.

K-4 AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All Items

- NAICS Code 237310

- Size Standard $33.5 million K-5

GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES

The offeror/quoter represents and certifies that-- (a) It FORMCHECKBOX is, FORMCHECKBOX is not a current Federal Government employee.

(b) It FORMCHECKBOX is, FORMCHECKBOX is not a former USDA EMPLOYEE.

(c) It FORMCHECKBOX is, FORMCHECKBOX is not a retired USDA employee. If retired, give date of retirement ______________.

(d) It FORMCHECKBOX is, FORMCHECKBOX is not related to a current Forest Service employee on the Malheur National Forest. If so, list employee's name and location. ____________________________________

(e) The firm FORMCHECKBOX is, FORMCHECKBOX is not substantially owned or controlled by a former USDA employee or retiree.

Section L—Instructions, Conditions, and Notices to Offerors or 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):

https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.html FAR 52.204-6 Data Universal Numbering System (DUNS) Number (APR 2008)

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

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

AGAR 452.204-70 Inquiries (FEB 1988)

L-2 FAR 52.216-1 Type of Contract (APR 1984)

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

L-3 FAR 52.222-5 Davis-Bacon Act--Secondary Site of the Work (JUL 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-4 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

4.4% Goals for Female Participation for Each Trade

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 action 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 OREGON, GRANT AND HARNEY COUNTIES, NEAR JOHN DAY L-5 FAR 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (MAR 2009)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or 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 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of 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 52.225-21, 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 cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 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 52.225-21 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-6 FAR 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials under Trade Agreements (MAR 2009)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "Recovery Act designated country construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-23).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or 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 FAR clause 52.225-23 in the request. If an offeror has not requested a determination regarding the inapplicability of section 1605 of the Recovery Act or 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country 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 cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-23 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 FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country 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-7 FAR 52.233-2 Service of Protest (SEP 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: Sarah Ackerman; 431 Patterson Bridge Road; John Day, OR 97845.

(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-8

SITE VISIT

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.

L-9 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 shall include a technical proposal 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.

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

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

(a) 1 original of the completed, signed offer (Sections A (SF-1442), B, and K of the solicitation package)

(b) 1 original and 2 copies of the technical 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. At a minimum, the proposal must clearly provide the following:

(1) Technical Capability and Understanding:

The offeror shall 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.

(2) Relevant Past Performance:

The offeror shall provide specific information about recent and relevant contracts which support Contractor’s performance over the past three years and shall provide references (current names and phone numbers) of people who can confirm Contractor’s past performance. The Experience Questionnaire, (see attachment), may be used as the submittal form. For those contracts with less than positive performance, Contractor is encouraged to provide a description of the problems and any efforts made to correct and to prevent future occurrences. For each relevant contract of reference, the offeror is requested to provide:

Agency/Company and Point of Contact

Period of Performance Dollar Value of Contract

Contract Number

Brief Description of Work

(3) Benefit to the Local Community:

Contractors shall describe how the award of this contract will benefit the local community’s workforce and what percentage of their workforce participating on the resultant contract will be full-time residents of the local community. The local community is defined as Grant and Harney County, Oregon. The Contractor’s local community benefit proposal will become a part of any resultant contract.

(c) Evaluation of the Proposed Price.

Price Proposals will be evaluated after evaluations of the technical proposals. Price will be compared to the government estimate, and other offeror’s pricing to determine reasonableness for the existing market conditions. The Government does not assume any risk for the offeror’s profit or loss margin from performance under this contract. This evaluation is to determine price reasonableness only. Results of the price proposal evaluation, along with the results of the technical proposal evaluation will be the basis for the award decisions.

CONTRACTOR’S RELEVANT PAST PERFORMANCE HISTORY

Provide a listing of your projects for the past three-year period which most closely relate to this type of work. Include the dates of performance, the agency or company name, the name and phone number of the contact person, the dollar value of the contract, the contract number, and the type of work performed. These firms may be contacted for references.

If you have failed to complete any project in the last three-year period, provide any information regarding the cause or remedy of that particular situation.

Note: Other forms and/or formats may be used which provide the required information.

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Agency/Company

Contact Name

Phone No.

Dates of performance

Contract Number

Dollar Value

Type of work performed

Section M—Evaluation Factors for Award

M-1 Award Decision

This procurement is 100% Set-Aside to HUBZone Small Business Concerns. By submission of your offer in accordance with the instructions provided in Section L, the offeror accepts the terms of this contract.

The Government reserves the right to make a single award as a result of this solicitation. Award will be made to that offeror whose proposal is the most advantageous to the Government, price and relevant past performance considered. All evaluation factors, other than price, when combined, are approximately equal in importance to price in the award decision. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

(a) Basis of Award and Evaluation of Offers: Price is approximately equal to all technical factors combined and all technical factors are approximately equal to each other. The Government will also look at Cost and Price which includes considering cost/price information entered in Section B. It is the Government’s intent to determine reasonableness and the offer(s) understanding of the work and the ability to perform the contract. Award will be made to that offeror (1) whose proposal meets the technical requirements of the solicitation and (2) whose technical/cost relationship is the most advantageous to the Government. The critical factor in making any cost/technical trade-off is not the spread between the ratings, but, rather, the significance of that difference. The significance of the spread of the ratings will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities what would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest and advantageous to the Government. The Government may reject any or all offer(s), issue orders to other than the lowest offer, and waive minor informalities or irregularities in offers received, or elect to not award at all. If necessary, the Government may conduct discussions with any or all offeror’s. The Government may award contract on the basis of offers as received, without entering into discussions with any offeror(s). Therefore, each initial offer should contain the offeror’s best terms and must speak directly to the evaluation factors listed.

(b) Unbalanced Offer: An offer is materially unbalanced when it is based on prices significantly less than the cost of some work and prices which are significantly overstated in relation to cost for other work, and if there is reasonable doubt that the offer will result in the lowest overall cost to the Government even though it may be the lowest evaluated offer, or it is so unbalanced as to be tantamount to allowing an advance payment. An offer that has been determined to be unbalanced shall be less favorable to the Government than a balanced offer.

M-2 Technical Evaluation Factors

Evaluation Method

1. Technical Factors:

Technical proposals will be evaluated and rated by a Technical Evaluation Board (TEB). Proposals shall be prepared in accordance with the technical proposal preparation instructions. The three factors, technical capability and understanding, relevant past performance, and benefit to the local community are of equal importance.

The following factors will be used in the technical evaluation process:

(a) Technical Capability and Understanding: This factor provides an assessment of the Government’s confidence in the offeror’s ability to fulfill the contract requirements based on the offeror’s technical submittal. This submittal shall demonstrate the offeror’s 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.

(b) Relevant Past Performance: This factor provides an assessment of the Government’s confidence in an offeror’s ability to fulfill the solicitation based on the offeror’s demonstrated record of past performance. The offeror will be evaluated on performance over the past three years relative to experience on similar projects and types of work. In accordance with FAR 15.305, in the case of an offeror without a record of relevant past performance, the offeror will not be evaluated either favorably or unfavorably in this area, but instead will receive a neutral rating in the area of past performance. Offeror may provide information on any problems encountered on the contracts and subcontracts listed and the corrective action taken to resolve the problems. The Government may obtain information from existing contract files. The offeror may refute any past contractual problems, and should do so in their original offer because discussions might not be held. The three sub-factors of relevant past performance are approximately equal in value to support an overall rating for Relevant Past Performance:

· Quality of Workmanship

· Customer Satisfaction

· Timeliness of Performance

2.

Technical Factor Evaluation:

Each offeror’s technical proposal will be evaluated and assigned an adjective rating for each factor and subfactor. Each factor and subfactor will be given an adjective rating as described below for each of the required evaluation areas:

EXCEPTIONAL: The proposal complies with all instructions for submission and includes additional information that indicates consistent high quality performance can be expected from the contractor. One or more items of service or evidence of past experience in this criterion exceeds the acceptable or minimum requirement.

ACCEPTABLE: The proposal complies with all instructions for submission and meets all minimum requirements of service under the proposed contract.

NEUTRAL: Use this rating for past performance factor only. Offeror does not have a record of relevant past performance or information regarding past performance is not available.

MARGINAL: The proposal complies with most instructions for submission and/or fails to meet all minimum requirements of services under the contract so as to appear weak in regards to meeting the stated minimum.

UNACCEPTABLE: The proposal does not provide minimum requirements of service and/or fails to comply with instructions regarding submission of the proposal. Proposal is extremely weak in regards to meeting the stated minimum requirements of service so as to have major weakness.