a.Bidders_Packet.rtf

Solicitation # AG-04R3-S-09-0004; Building/Roof Repair/Construction/Reconstruction Page 2 of 52

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04R3-S-09-0004

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04/17/2009

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

269718

6. PROJECT NO.

06BM140938432

7. ISSUED BY CODE

8. ADDRESS OFFER TO

UMATILLA NATIONAL FOREST

2517 SW HAILEY AVENUE

PENDLETON, OR 97801

SAME AS BLOCK 7

9. FOR INFORMATION

CALL:

A. NAME

PEGGY PATTEN

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-278-3844

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):

BUILDING/ROOF REPAIR/CONSTRUCTION/RECONSTRUCTION ON THE BLUE MOUNTAIN ACQUISITION MANAGEMENT AREA IN ACCORDANCE WITH THE ATTACHED.

THIS SOLICITATION IS SET-ASIDE FOR HUBZONE SMALL BUSINESS CONCERNS. IF WE DO NOT RECEIVE ENOUGH COMPETITION FROM THE HUBZONE SMALL BUSINESS CONCERN SET-ASIDE, WE WILL THEN EVALUATE QUOTES AND CONSIDER FOR AWARD SMALL BUSINESS CONCERNS. REFER TO SECION I FOR FAR CLAUSE 52.219-6 NOTICE OF TOTAL HUBZONE SET-ASIDE AND THE CLAUSE ENTITLED CASCADING SET-ASIDE.

11. The Contractor shall begin performance within 10 calendar days and complete it within number of calendar days specified in the task order after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See FAR 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:

Solicitation Number: PAGE 2 of 52

PROJ NAME

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

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

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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. AWARD DATE

Project Name Solicitation # AG-04R3-S-09-0004; Building/Roof Repair/Construction/Reconstruction Page 19 of 20

Supplies or Services and Prices/Costs Schedule of Items

Solicitation No.

AG-04R3-S-09-0004

Page Name of Offeror or Contractor

ITEM NO.

DESCRIPTION

QUANTITY

PAY UNIT

UNIT PRICE

TOTAL

SCHEDULE OF ITEMS

ITEM 1

Site 1

BASE ITEM

1.1 Tollgate Recreation Center (Mess Hall) – roof replacement

LSQ

LS

BASE ITEM

2.2a Tollgate Recreation Center( Mess Hall) – truss repair

CQ

EACH

OPTION

2.2b Tollgate Recreation Center(Mess Hall) – truss replacement

CQ

EACH

TOTAL ITEM 1 (SITE 1)

XXXXXX

XXXXX

XXXXXX

XXXXXX

ITEM 2

Site 2

2.1 Ukiah Warehouse – roof replacement

LSQ

LS

ITEM 3

Site 3

3.1 Ukiah Tree Cooler – roof replacement

LSQ

LS

ITEM 4

Site 4

4.1 Godman Sno-shelter – roof replacement (1/2 of roof)

LSQ

LS

ITEM 5

Site 5

5.1 Long Meadows Guard Station – roof replacement with GFM (metal roofing)

LSQ

LS

ITEM 6

Site 6

6.1 Umatilla NF Radio shop – roof replacement with GFM (shingles)

LSQ

LS

TOTAL ALL ITEMS

XXXXXXXX

XXXXXXX

XXXXXXX

XXXXXX

OPTION ITEM MAY OR MAY NOT BE EXERCISED AT TIME OF AWARD OF BASE ITEMS.

THE CONTRACTING OFFICER MAY EXERCISE OPTION ITEMS BY WRITTEN NOTICE TO

THE CONTRACTOR. OPTION ITEMS, IF EXERCISED WILL BE REQUESTED WITHIN THE ESTABLISHED PERFORMANCE PERIOD Work may be perform in the States of Idaho, Oregon and Washington. In the counties of OR Harney; OR Malheur ;WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; OR Baker; OR Gilliam; OR Grant; OR Morrow; OR Umatilla; OR Union; OR Wallowa; OR Wheeler; WA Walla Walla; ID Idaho.

MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $2,000_, but not in excess of $990,000 _

B-1 BONDING REQUIREMENTS

Bonding requirements are based on the total offer (both at initial award and subsequent Task Orders).

•For total offers that are greater than $100,000 a bid bond, a performance bond, and a payment bond are required. FAR 52.228-1, 52.228-2, 52.228-11, 52.228-14, and 52.228-15 are applicable. See Section I.

•For total offers that exceed $30,000 but do not exceed $100,000 a payment bond or an irrevocable letter of credit are required. FAR 52.228-2, 52.228-11, and 52.228-13 are applicable.

•For total offers that are less than $30,000 no bonding is required and no bonding clauses are applicable.

B-2 CONTRACTOR INFORMATION

TIN: __________________

DUNS: __________________

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

K-1 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): www.arnet.gov, http://www.da.usda.gov/procurement/policy/agar.html, or http://www.fs.fed.us/im/directives/fsh/6309.32/.

52.223-1 Biobased Product Certification. (DEC 2007) 452.204-70 Inquiries. (FEB 1988)

K-2 52.204-8 Annual Representations and Certifications. (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $14.0 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:

(Contracting Officer check as appropriate.)

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

[ ](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).

[ ](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-3 52.219-28 Post-Award Small Business Program Rerepresentation. (JUN 2007)

(a) Definitions. As used in this clause -

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts -

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/ services/contractingopportunities/ sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code _____ assigned to contract number _____. (Contractor to sign and date and insert authorized signer's name and title).

K-4 452.219-70 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

- NAICS Code 238160

- Size Standard $14.0 million

K.5 GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES

The offeror/quoter represents and certifies that--

The firm is, 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 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): www.arnet.gov, http://www.da.usda.gov/procurement/policy/agar.html, or http://www.fs.fed.us/im/directives/fsh/6309.32/.

52.204-6 Data Universal Numbering System (DUNS) Number. (APR 2008) 452.204-70 Inquiries. (FEB 1988)

L-2 FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address AASHTO Standards

American Association of State Highway and Transportation Officials 341 National Press Building Washington, DC 20024 http://www.transportation.org/" http://www.transportation.org/

ACI

American Concrete Institution Box 19150 Redford Station Detroit, MI 48219 http://www.concrete.org/general/home.asp" http://www.concrete.org/general/home.asp

ASTM Standards American Society for Testing Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462 http://www.astm.org/" http://www.astm.org/

CSI

Kalin Associates, Inc 154 Wells Ave Newton Centre MA 02459 800-565-2546 http://www.kalinassociates.com http://www.csinet.org/s_csi/index.asp" http://www.csinet.org/s_csi/index.asp

Federal Acquisition Regulations http://www.arnet.gov/far/" http://www.arnet.gov/far/

MUTCD

Manual on Uniform Traffic Control Devices Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 http://mutcd.fhwa.dot.gov/ ADA/ABA Guidelines ADA and ABA Accessibility Guidelines http://www.access-board.gov/ADA-ABA /" http://www.access-board.gov/ADA-ABA / The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

L-3 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004)

L-4 Technical Proposal Instructions

(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) Proposals shall be submitted in two parts - a technical proposal and a price proposal. Each part shall be separate and complete in itself so that evaluation of one may be accomplished independently of the other. The price proposal shall be submitted with the solicitation forms, no breakdown of the unit price is required. The technical proposal must not contain reference to price.

(2) Offerors are cautioned that sufficient and detailed information must be presented in their technical proposals to enable the Government to evaluate their proposals fully in accordance with the evaluation and award criteria contained herein. The Government is not obligated to ask for additional information and in the absence of appropriate information, the proposal will be rated deficient.

(iii) In addition to a successful firm’s response to the solicitation, responses to all Evaluation Factors excepting Relevant Past Performance will be incorporated into the resulting contract by reference at time of award and retain the full force and effect as all of the other contractual terms and conditions hold therein.

(b) Technical Proposal Instructions

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 three years and all contracts and subcontracts in progress. The list should include, but is not limited to, contracts and subcontracts similar in nature 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: similar type projects which demonstrate their ability to perform in a timely manner, experience, and past performance of their employees, or their work as a subcontractor.

Include the following information for each contract/subcontract:

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

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.

(c) Price

A firm’s completion and submission of Standard Form 1442 and Section B’s Schedule of Items constitutes the fulfillment of the Government’s price proposal requirements under this solicitation.

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

The Government contemplates award of an indefinite-delivery, indefinite quantity contract resulting from this solicitation.

L-6 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% - OR Harney; OR Malheur 3.0% - WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield 3.8% - OR Baker; OR Gilliam; OR Grant; OR Morrow; OR Umatilla; OR Union; OR Wallowa; OR Wheeler; WA Walla Walla 3.0% - ID Idaho.

Goals for Female Participation for Each Trade

6.9% - All Counties

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 States of Oregon and Washington in the counties listed in the Schedule of Items..

L-7 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-8 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 Contracting Officer, 2517 SW Hailey Avenue, Pendleton, Oregon 97801

(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-952.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Section M - Evaluation Factors for Award

M-1 52.216-27 Single or Multiple Awards. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

M-2 52.217-5 Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). All evaluation factors other than cost or price, when combined, are approximately equal to cost or price.

M-3 EVALUATION CRITERIA

The Government will award multiple contracts resulting from this solicitation to responsible offerorors whose offers conform to the solicitation and will be most advantageous to the Government, price and other factors considered. The Government will determine best overall value on the basis of the factors described below. When combined, all technical evaluation factors are approximately equal to price.

Technical proposals will be evaluated based on the following factors:

a. Technical Evaluation Criteria

1. Past Performance

Each offeror will be evaluated on their performance under existing and prior contracts of a similar nature. The Government will focus on information that demonstrates quality of performance 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 past performance.

Firms lacking a past performance record (e.g., new firms or those with no relevant experience within their organization) will be treated as an unknown performance risk, receiving a neutral score in this criteria. A neutral score will be established as the average of all other competing offerors, or the average of the total score available, whichever is less. All of the following subfactors are of approximately equal importance.

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

(ii) Customer Satisfaction: Satisfaction of end users with the Contractor's completed products and services.

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

(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.

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

An excellent rating would be achieved if, in the last three years, Contractor completed at least three (3) contracts of similar nature and cost in a timely manner and rated highly by the customers contacted.

The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted performance information. Additionally, personal experience and evaluator knowledge of offeror performance may be utilized.

Offerors with past performance data will be evaluated in the same manner as all other evaluation factors; however, those offerors with no past performance data will treated as an unknown performance risk and neither be evaluated favorably nor unfavorably. Therefore, offerors will receive credit for good past performance, lose credit for poor past performance, and neither receive nor lose credit for no relevant past performance.

B. Capability

The evaluators will conduct an appraisal of the offeror’s capability complete all work items identified in the Schedule of Items. This is being done to maintain competition during task order issuance. Contractors that are generalists and capable of completing all work activities will rate higher than contractors who are specialists in a only a few work activities.

C. Benefit to the Local Community. The Government will evaluate the methods proposed by each contractor for benefiting the local community. The evaluation will include a determination as to how realistic and achievable the proposed methods are with added consideration for the impact and magnitude to which the local community will benefit from their operations.

3. Price Evaluation Criterion.

The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based, or when the price is so significantly high as to diminish the value of the technical superiority to the Government.