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AG-04KK-S-10-0003

Road 66 Reconstruction Solicitation

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04KK-S-10-0003

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

06/25/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

382328

6. PROJECT NO.

06BM161043426

7. ISSUED BY

CODE

Blue Mountains Acquisition Management Area

Malheur NF

PO Box 909

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

John Day, OR 97845

ATTN: Sarah Ackerman

9. FOR INFORMATION

CALL:

A. NAME

Randy Strohm, COR B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-523-1212

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):

Road 66 Reconstruction Wallowa-Whitman National Forest

Supervisor’s Office

Baker and Wallowa County, Oregon

Price Range: The Government’s estimate for this project is between $500,000 and $1,000,000.

This project is set-aside for HUBZone small business concerns.

Technical questions may be addressed to Randy Strohm—(541) 523-1212.

NOTE: Address/Mail/Deliver proposals to BLOCK 8 address, attention Sarah Ackerman. Bid guarantees shall be received no later than the specified closing date. Bid bonds shall be originals.

11. The Contractor shall begin performance within 7 calendar days and complete it within 115 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. All work shall be completed no later than 10/30/2010 regardless of the date of the Notice to Proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See FAR 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.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 12:30pm (hour) local time 07/09/2010 (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

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

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

D.

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

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) (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-5 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, BAKER AND WALLOWA COUNTIES, NEAR HALFWAY L-6 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-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 price 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. No breakdown of the unit price is required.

(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) Relevant Past Performance. Offerors shall submit past performance information for their firm and any proposed major subcontractors. Performance information may be obtained from references provided.

List all major contracts and subcontracts completed during the past five years and all contracts and subcontracts in progress. The list should include, but is not limited to, contracts and subcontracts comparable in scope and complexity to that required by this solicitation. Include contracts with the Federal Government, agencies of state and local governments, and commercial customers. Offerors that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all key personnel. Firms with no experience in the type of work described may show: comparable type projects which demonstrate their ability to perform quality of product or service, cost control, timeliness of performance, and business relations of their employees, or their work as a subcontractor.

Include the following information for each contract/subcontract:

a.

Name of contracting activity b.

Contract number c.

Contract type d.

Total contract value e.

Completion date, or anticipated completion date if in progress f.

Contract work g.

Contracting Officer h.

Project manager or Contracting Officer's Representative i.

List of major subcontractors

NOTE: Provide name, address, telephone, and FAX number for items g., h., and i.

At the option of the offeror, this listing of performance references may be provided prior to the date set for receipt of offers. However, listings must be provided no later than the required offer date.

The offeror may provide information on problems encountered on the contracts and subcontracts listed and the corrective actions taken to resolve those problems. The Government may obtain information from existing contract files. Because discussions may not be held, the offeror may refute any problems in the original offer.

The offeror may include letters of appreciation for contracts and subcontracts previously completed and any value engineering finance awards.

The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142.

(2) Technical Capability and Understanding. Offerors shall submit a technical approach to this project that contains information of their plan to execute the work to be performed in this contract. Provide the agency with documentation demonstrating an acceptable understanding of how the firm intends to specifically accomplish each component of work and complete the project.

List inovative ways to meet the specific requirements described in the plans for this project.

Section M—Evaluation Factors for Award

M-1 Award Decision

This procurement utilizes a set-aside for 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, technical approach, and relevant past performance considered. All evaluation factors, other than price, when combined, are significantly more important than 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: 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 offerors. The Government may award a 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

Technical Factors:

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:

Outstanding - Proposal demonstrates thorough understanding in excess of requirements and capability standards. Has exceptional strengths that will significantly benefit the Government. Commendable as an example for others.

Excellent - Proposal demonstrates clear understanding of requirements and capability standards. Has several strengths that will benefit the Government. Exceeded the requirements and capability standards.

Good - Proposal demonstrates acceptable understanding of the requirements and capability standards. Acceptable solution. Few strengths that will benefit the Government. Met the requirements and capability standards.

Fair - Proposal demonstrates shallow understanding of requirements and capability standards necessary for minimal, but acceptable contract performance. Prosposal inadequacies may be minor and correctable.

Poor - Fails to meet performance or capability standards. Significant weaknesses and/or deficiencies requiring major proposal rewrite.

Unsatisfactory- Failure to submit a proposal.

M-3 Evaluation Criteria Technical proposals will be evaluated based on the following factors:

a.

Technical Evaluation Criteria

1.

Relevant Past Performance

Each offeror will be evaluated on their performance under existing and prior contracts of a comparable scope in the past five years. The Government will focus on information that demonstrates quality of performance comparable to the size and complexity of the procurement under consideration. References other than those identified by the offeror may be contacted by the Government, with the information received used in the responsibility determination and in evaluation of the offerors's past performance.

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. However, firms with no comparable experience, but who have demonstrated their ability to provide quality work, cost control, timeliness of performance, and good business relations will receive a ‘good’ score in this criteria. All of the following subfactors are of approximately equal importance and taken from the Contractor Performance Report standard evaluation.

(i) Quality of Product or Service: Demonstrated ability to perform services in accordance with contract specifications. Conformance to good standards of workmanship.

(ii) Cost Control: Ability to complete contracts within budget (at or below); reasonableness of price change proposals submitted; providing current, accurate, and complete billings.

(iii) Timeliness of performance: Compliance with delivery schedules; reliability; responsiveness to technical direction, no assessment of liquidated damages.

(iv) Business relations: Effective management; ability to manage projects involving subcontracts; working relationship with the Contracting Officer and technical representatives; reasonable/cooperative behavior; flexibility; effective contractor recommended solutions; businesslike concern for Government's interests.

2. Technical Approach Each offeror will be evaluated on their technical approach described in this contract and contracts of a specific nature. The Government will focus on information that demonstrates quality of the technical approach relative to the size and complexity of the procurement under consideration. References other than those identified by the offeror may be contacted by the Government, with the information received used in the responsibility determination and in evaluation of the offerors's technical approach.

(i) Contractor demonstrates knowledge and understanding of specific work to be performed by demonstrating acceptable understanding of the requirements and contracting with government agencies, administrative requirements, technical and environmental requirements including types of equipment and material to be used, and scheduling work described in the project plans.

The highest rating would be achieved if, in the last five years, a firm has demonstrated outstanding past performance in quality of product or service, cost control, timeliness of performance, and business relations in road reconstruction projects. In addition, a firm demonstrates an outstanding technical approach in performing and scheduling work specifically related to road reconstruction projects.

b.

Price Evaluation Criterion

This criterion will include consideration of cost information provided to support pay item prices entered in Section B, Schedule of Items. It is the Government's intent to assess the unit prices to determine reasonableness and offeror's understanding of the work and ability to perform the contract.

The importance of price may become greater as the differences between technical proposals decrease. Where technical proposals are determined to be substantially equal, price may control award.