Const_RFP.docx

AG-4568-S-14-0071

Gate Construction Cradle of Forestry Pisgah Ranger District

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKINGS

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION K - REPS AND CERTIFICATIONS

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

SECTION M - EVALUATION FACTORS FOR AWARD

PART I—THE SCHEDULE

SECTION B - Supplies or Services and Prices/Costs

SCHEDULE OF ITEMS

The Contractor shall furnish labor, supervision, equipment, materials, transportation, and any other incidental items needed to perform all specifications of this project in accordance with the contract clauses, specifications, and all attachments provided herein. Project is at the Cradle of Forestry located on the Pisgah Ranger District, in Transylvania County, 10 miles north of Brevard, NC

CONTRACTOR INFORMATION

DUN & BRADSTREET # ___________________________

SAM RECORD ________ YES ______ NO

EMAIL ADDRESS: ______________________________

PHONE# _______________________________________

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

452.211-72 STATEMENT OF WORK/SPECIFICATIONS. (FEB 1988)

452.211-73 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS. (FEB 1988)

SEE ATTACHMENT 2 FOR SPECIFICATIONS/PLANS FOR THIS PROJECT.

SECTION D - Packaging and Marking

No clauses included in this section.

SECTION E - Inspection and Acceptance

52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F - Deliveries or Performance

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days The time stated for completion shall include final cleanup of the premises.

52.242-14 SUSPENSION OF WORK. (APR 1984)

FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

SECTION G - Contract Administration Data

INVOICING: All Invoices must be submitted through the the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Contractor is required to submit as an attachment in IPP for their invoice a cost breakdown for the invoice being submitted.

Contract is required to forward Payrolls and Daily Diaries, via email, to the COR prior to submission of the invoice in IPP.

SECTION H - Special Contract Requirements

No clauses included this section.

SECTION I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (AUG 2013)

52.211-18 VARIATION IN ESTIMATED QUANTITY. (APR 1984)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-6 DAVIS-BACON ACT. (JUL 2005)

52.222-7 WITHHOLDING OF FUNDS. (FEB 1988)

52.222-8 PAYROLLS AND BASIC RECORDS. (JUN 2010)

52.222-9 APPRENTICES AND TRAINEES. (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS). (JUL 2005)

52.222-12 CONTRACT TERMINATION - DEBARMENT. (FEB 1988)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS. (FEB 1988)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY. (FEB 1988)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (FEB 1999)

52.222-26 EQUAL OPPORTUNITY. (MAR 2007)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION. (FEB 1999)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES. (OCT 2010)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING. (AUG 2011)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS. (DEC 2007)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. (SEP 2002)

52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. (JUL 2013)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

52.233-1 DISPUTES. (JUL 2002)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

52.236-8 OTHER CONTRACTS. (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

52.236-12 CLEANING UP. (APR 1984)

52.236-13 ACCIDENT PREVENTION. (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES. (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE. (FEB 1995)

52.243-5 CHANGES AND CHANGED CONDITIONS. (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (DEC 2013)

52.246-21 WARRANTY OF CONSTRUCTION. (MAR 1994)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(SHORT FORM). (APR 1984)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). (APR 1984)

52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

452.236-77 EMERGENCY RESPONSE (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALTERNATE 1 (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

SECTION J - List of Documents, Exhibits, and Other Attachments

ATTACHMENT 1 DAVIS BACON WAGE DETERMINATION

ATTACHMENT 2 SPECIFICATIONS/PLANS

ATTACHMENT 3** EXPERIENCE QUESTIONNAIRE

**Not included in resultant contract

SECTION K - Representations, Certifications, and Other Statements of Offerors

The solicitation provisions (Sections K, L & M) are for solicitation purposes only. They will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990

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

(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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 SAM are applicable to this solicitation as indicated:

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

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

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

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

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

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

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

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

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

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

__ (vi) 52.227-6, Royalty Information.

[ ](A) Basic.

[ ](B) Alternate I.

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

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

FAR Clause Title Date Change

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

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 Line items

- NAICS Code 238990

- Size Standard $14.0 million

AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION. (DEVIATION 2012-01) (FEB 2012) ALTERNATE 1 (FEB 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

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

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

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

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

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

SITE VISIT/PRE-PROPOSAL MEETING

Offerors are urged and expected to inspect the site where the work will be performed. As a result of the project site being open and easily accessible there is no scheduled Site Visit for this project.

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN 2004)

52.216-1 TYPE OF CONTRACT. (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

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 Female Participation for Each Trade: 6.9%

Goals for Minority Participation for Each Trade: 20.7%

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 Winston County”.

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.

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 these addresses:

452.204-70 INQUIRIES (FEB 1988)

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

PREPARATION AND SUBMISSION REQUIREMENTS

These instructions are designed to ensure the submission of information essential to the understanding and comprehension of the request for proposal. There is no intent to limit the content of the offer. The instructions permit the inclusion of any additional data or information an offeror deems pertinent. Offerors are cautioned to follow the detailed instructions carefully and fully, as the government reserves the right to make an award based on initial offers received without discussions of such offers.

Offeror must be current and active in SAM (www.sam.gov) to be awarded resultant contract.

Proposals can also be faxed to: 828-257-4876

The following material will be submitted:

· SF1442 completed, Block 14 through Block 20c

· Contractor Information on page 4 of this document

· AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction. (DEVIATION 2012-01) (FEB 2012) Alternate 1 (Feb 2012) See page 16 of this document)

· Page 1 of Offeror’s SAM record. NAICS Code 238990 must be on Offeror’s SAM record.

· Attachment 3 Experience Questionnaire

Technical Proposal: The Contractor shall complete and submit the attached Experience Questionnaire (Attachment 3)

Price Proposal: SF1442, Item No. 001 must be priced and submitted

SECTION M - EVALUATION FACTORS FOR AWARD

AWARD DETERMINATION

General In accordance with FAR Subpart 9.1, the Government will make award a contract resulting from this solicitation will be subject to the CO’s determination that the offerors meets the following minimum standards for performing the required work:

· Has adequate financial resources;

· Is able to meet the required delivery or performance dates;

· Has sufficient technical ability, capacity and capability to perform;

· Has a satisfactory performance record, including performance on other contracts;

· Is otherwise qualified and eligible to receive an award under applicable laws and regulations.

The basis for award will be an integrated assessment based on tradeoff between technical capability and price reasonableness. The Government will award the contract to the offeror who represents the best value to the Government.

The Government has the right to award this contract to other than the offeror with the lowest price.

Type of Award This solicitation will result in the award of a fixed price construction contracts to responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical acceptability, and Price reasonableness.

EVALUATION OF PROPOSAL PACKAGE

The Government will issue awards as a result of this solicitation to the responsible offeror whose proposal, conforming to the solicitation, will be most advantageous to the Government, cost or price and other factors considered.

"Other factors" to be considered in the award process, for the purpose of this solicitation, shall include, but will not be limited to: (1) the experience/ability of the firm, (2) Past Performance, and (3) price and (4) Geographic Proximity.

As part of the evaluation process, the Government will assess each offeror’s past performance. The offeror shall present factual material dealing with contracts performed for other Government agencies or with private sector businesses for which the same or similar services were provided. Information requested includes successful execution of contracts. The Government will use information provided by the offerors and information obtained from other sources in the development of the performance confidence assessments. The offerors shall submit the Experience Questionnaire, which will be utilized to address past performance requirements. Additional information may be submitted to supplement this form as necessary.

Offerors need to ensure all necessary past performance information is included to address:

Contract Performance for projects of the same and size scope Quality of Service/Control Timeliness of Performance

The basis for award will be an integrated assessment based on tradeoff between technical capability and price reasonableness.

NOTE: All Offeror’s technical proposals will be evaluated on the factors above. Offerors are to include past performance information that demonstrates their ability to perform the required work. Failure to include this information will result in the past performance being rates as “neutral”.

The Government shall consider a proposal non-responsive if all required information is not received. If necessary, the Government may conduct discussions with any or all offerors.

Technical Acceptability includes Relevant Experience, Past Performance, Experience and Geographical Proximity Price Reasonableness

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(1) Technical Acceptability The sub factors that will be used to evaluate the technical proposals listed in order of relative importance:

Past performance shall be evaluated on the basis of the following subfactors of equal importance:

(2) Price Pricing shall be submitted on the SF1442 by all offerors. The price will be evaluated for completeness and reasonableness. The price will be evaluated to ensure it covers all requirements and includes all pricing information required by the solicitation. Moreover, prices will be evaluated for reasonable in comparison to estimates, historical prices paid on similar contracts, current competition and other price analysis methods.

TECHNICAL EVALUATION

Overall Technical Proposal Evaluation: The following guide will be used in determining the rating of each Offeror’s overall technical proposal.

EXCEPTIONAL (E)

The proposal exceeds the requirements of the RFP and provides an exceptional or outstanding approach that fully satisfies the Government’s requirements. A complete understanding of the solicitation is demonstrated. Selection for contract award can be made without further exchange with the contractor.

ACCEPTABLE (A)

The proposal fully satisfies the requirements of the RFP and demonstrates a good understanding of the solicitation. The offeror has adequately addressed all of the technical elements requested by the RFP. Selection for contract award could potentially be made without further exchange with the contractor.

MARGINAL (M)

The proposal does not fully meet the requirements of the RFP. Weaknesses are identified which would indicate an insufficient understanding of the RFP requirements. With minor revisions or clarifications, the proposal has a reasonable chance of becoming technically acceptable.

UNACCEPTABLE (U)

The proposal fails to satisfy requirements of the RFP and the approach contains an unacceptable level of risk to the Government. Major deficiencies have been identified in the proposal which are either not correctable or would require major revision/rewrite to the proposal, without which the proposal doesn't have a reasonable chance of becoming technically acceptable.

NO RATING (NEUTRAL) (N)

The proposal received provided no information on the Technical Evaluation Factors for this solicitation.

The Proposal receives no merit or demerit for this factor.

(1) TECHNICAL EVALUATION SUB FACTORS. If the offeror receives an unacceptable rating in any technical evaluation sub factor, the technical proposal may receive an overall unacceptable rating.

i. PAST PERFORMANCE: A number of past performance references provided by offerors may be selected and investigated by the Government. Any derogatory past performance information obtained will be presented to the affected offeror and that offeror will have an opportunity to respond with any mitigating facts. The final determination of past performance ratings shall rest with the contracting officer.

Past performance shall be evaluated on the basis of the following subfactors of equal importance:

Relevant Experience - Contract Performance for projects of the same and size scope, Quality Control, Timeliness of Performance.

The following guide will be used in determining the PAST PERFORMANCE rating for each offeror.

RATINGS:

EXCEPTIONAL (E)

Evaluation: Based on the Offeror’s past performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

ACCEPTABLE (A)

Evaluation: Based on the Offeror’s past performance record, some doubt exists that the offeror will successfully perform the required effort.

MARGINAL (M)

Evaluation: Based on the Offeror’s past performance record, substantial doubt exists that the offeror will successfully perform the required effort. Changes to the Offeror’s existing processes may be necessary in order to achieve contract requirements.

UNACCEPTABLE (U)

Evaluation: Based on the Offeror’s performance record, extreme doubt exists that the offeror will successfully perform the required effort.

NO RATING

Evaluation: No past performance is available for evaluation. The offeror has asserted that it has no past performance directly related or similar past performance experience. Proposal receives no merit or demerit for this factor.

(ii) RELEVANT EXPERIENCE: Relevant experience is defined as experience in performing services as the same or similar to those in the Statement of Work contained in this solicitation.

RATINGS/DEFINITIONS:

EXCEPTIONAL (E)

Evaluation: Based on the offeror’s experience information, essentially no doubt exists that the offeror has the appropriate relevant experience to successfully perform the required effort.

ACCEPTABLE (A)

Evaluation: Based on the offeror’s experience information, some doubt exists that the offeror has the appropriate relevant experience to successfully perform the required effort.

MARGINAL (M)

Evaluation: Based on the offeror’s experience information, substantial doubt exists that the offeror has the appropriate relevant experience to successfully perform the required effort. Changes to the offeror’s existing processes may be necessary in order to achieve contract requirements.

UNACCEPTABLE (U)

Evaluation: Based on the offeror’s performance record, extreme doubt exists that the offeror has the appropriate relevant experience to successfully perform the required effort.

NO RATING (NEUTRAL)

Evaluation: No relevant experience is provided or available for evaluation. Proposal receives no merit or demerit for this factor.

(iii) CONTRACT MANAGEMENT: The following guide will be used in determining the contract management rating for each offeror.

RATINGS:

EXCEPTIONAL (E)

Evaluation: The offeror has proposed a contract management concept which demonstrates superior capacity to manage all elements of a contract

ACCEPTABLE (A)

Evaluation: The offeror has proposed a contract management concept which demonstrates the capacity to successfully manage all elements of a contract

MARGINAL (M)

Evaluation: The offeror has proposed a contract management concept which is questionable in demonstrating the capacity and ability to manage all elements of a contract

UNACCEPTABLE (U)

Evaluation: The offeror has proposed a contract management concept which fails to demonstrate the capacity to manage all elements of a contract.

(iv) GEOGRAPHIC PROXIMITY: The following guide will be used in determining the rating for each offeror.

ACCEPTABLE (A)

Evaluation: The offeror is physically located within 100 miles of the Pisgah Ranger District Office in Brevard, NC

MARGINAL (M)

Evaluation: The offeror is physically located between 100 and 125 miles of the Pisgah Ranger District Office in Brevard, NC.

UNACCEPTABLE (U)

Evaluation: The offeror is physically located more than 125 miles of the Pisgah Ranger District Office in Brevard, NC

PRICE EVALUATION FACTOR

Pricing submitted on the SF1442 will be used for the Price Evaluation. The price proposals will be evaluated for completeness and reasonableness. The proposal will be evaluated to ensure it covers all requirements of the specifications includes all pricing information required by the solicitation are completed as required. Moreover, prices must be reasonable in comparison to estimates, prior prices paid, and other offeror’s price proposals and can be supported by suitable estimating techniques.

(f) AWARD WITHOUT DISCUSSIONS. The Contracting Officer will only clarify the offeror’s information; no discussions are contemplated in accordance with FAR 15.306. Offerors may be given the opportunity to clarify relevance or adverse past performance to which the offeror has not previously had an opportunity to respond. Clarifications will be limited exchanges between the Government and offerors that may occur when award without discussions are contemplated. If discussions are determined to be necessary the procedures described in FAR 15.306 will be used.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD THE RESULTANT CONTRACT TO OTHER THAN THE LOWEST PRICE OFFERORS.