Solication.doc

AG-63PX-S-07-0006

Aquatics Lab Renovation

PAGE

Page 1 of 27AG-63PX-S-07-0006 Aquatics Lab Renovation

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-63PX-S-07-0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

08/19/2007

PAGE OF PAGES

1 of

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

111243

6. PROJECT NO.

7. ISSUED BY

CODE

USDA Forest Service Attn: Carol Hulstrom

1992 Folwell Avenue

St. Paul, MN 55108 Same as block 7

9. FOR INFORMATION

CALL:

A. NAME

Carol Hulstrom

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 651-649-5201 or chulstrom@fs.fed.us

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):

AQUATICS LAB RENOVATION AT THE GRAND RAPIDS FORESTRY SCIENCES LABORATORY

This project consists of the renovation of two rooms into a new Aquatics Lab in accordance with this solicitation and the attachments referenced in Section J.

The Government's estimate is: less than $75,000

11. The Contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving

FORMCHECKBOX

award, x notice to proceed. This performance period is x mandatory, FORMCHECKBOX negotiable. (See .)

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

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

x YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by COB local time 09/07/2007. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee is, x 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 20 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

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

1. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

Block 7

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

Same as Block 7

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print) Carol A. Hulstrom

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK

(REV. 4-85)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

1-2

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

4-6

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

13-18

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

20-21

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

OR RESPONDENTS

22-26

SECTION M - EVALUATION FACTORS FOR AWARD

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES & PRICES SCHEDULE OF ITEMS

Item No.

Description

Unit

Qty

Total

Aquatics Lab Renovation

LS

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

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

(b) An organized site visit has been scheduled for: August 21, 2007 at 11:00 a.m. local time

(c) Participants will meet at: Forestry Sciences Laboratory Conference Room, 1831 Hwy. 169 E., Grand Rapids, Minnesota. For directions to site call: 218-326-7100.

Basis for Award The Government intents to award a contract resulting from this solicitation to the most responsible and responsive offeror; price and other factors considered most favorable to the Government.

Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

Itemized Description of Work Unit Item No.

Description

Measurement

Unit Quantity Total

01 Remove and dispose of

Unit (Set)

Job 1 existing asbestos-containing floor tile and mastic, in accordance with the specifications and all drawings applicable ordinances.

02 Demolish and remove existing Unit (Set)

Job 1 wood stud wall and appended electrical and data cabling.

Remove existing cabinetry.

Remove wood door and frame.

Remove 2 partition walls and door

Frame in Rm 109.

Sawcut and remove 6” wide Unit (Set)

LF 24

concrete slab in areas shown on included drawing. Remove and dispose of all debris.

Remove existing 17 pendant Unit (Set)

Job

T-12 light fixtures. Install 10 new T-8 light fixtures & tubes.

Reroute wiring to control lights from switch at north door, complete in place.

Demolish CMU wall as

Unit (Set)

Job needed, remove and reverse electrical panel into hallway.

Reconnect all circuits and label.

Provide wiremold, wiring and electrical outlets at 4’ centers and as indicated on included drawing, complete in place.

Install 130V electric service from east wall to island in conduit buried under concrete slab, as per included drawing. Replace and finish concrete slab.

Remove and relocate two (2)

Unit (Set) Job 1

240V step-up transformers from

Rm 113 to Rm 109 and run wiring and conduit to nearest panel. Connect to new breakers in panel.

Install 2” ABS DVW Acid

Unit (Set) Job 1

Waste Piping from peninsula sink to existing sewer outlet, and from fume hood sink to same outlet, properly bedded and sloped under concrete slab.

Waste Piping from location of future environmental room sink to piping at floor drain, properly bedded and sloped, complete in place. Provide 1 1/2”

ABS piping from cup sinks to riser under peninsula sink.

Replace and refinish concrete slabs.

Extend new hot water, cold

Unit (Set) Job 1

Water, distilled water, air and

Vacuum lines from southwest corner of room to locations shown on plans. Horizontal extensions shall be located near the ceiling, with vertical drops at appropriate locations.

Make connections to existing

Lines. Stub out vacuum line into storage room, for future vacuum pump. Test all lines for proper seal. Insulate water lines.

Construct CMU fillers in

Unit (Set) Job 1 dismantled south doorway and at back of electrical panel.

Paint all walls in room and new wall in south hallway.

After new cabinetry is installed, install new no-wax sheet vinyl floor covering in lab area.

Provide air balancing service

Unit (Set) Job 1 in lab, including balancing for fume hood operation.

TOTAL BID $______________

SECTION C--DESCRIPTION/SPECIFICATIONS

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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, full text may be accessed: www.arnet.gov/far/ or www.usda.gov/procurement/policy/agar.html 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

FAR 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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 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 120 calendar days after contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

{For this Solicitation, there are NO clauses in this Section}

SECTION H--SPECIAL CONTRACT REQUIREMENTS

{For this Solicitation, there are NO clauses in this Section}

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 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, full text may be accessed: www.arnet.gov/far/ or www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7 Central Contractor Registration (OCT 2006)

52.204-9 Personal Identity Verification of Contractor Personnel (NOV 2006)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2005)

52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

52.222-3 Convict Labor (JUN 2003)

52.222-5 Davis-Bacon Act – Secondary Site of the Work (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

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)

52.222-20 Walsh-Healy Public Contracts Act (DEC 1996)

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 (JUN 1998)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (MAR 2005)

52.227-1 Authorization and Consent (JUL 1995)

52.227-4 Patent Indemnity -- Construction Contracts Alternate I (APR 1984)

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance –Work on a Government Installation (JAN 1997)

52.228-11 Pledges of Assets (FEB 1992)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (JUL 2000)

52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002)

52.232-17 Interest (JUN 1996)

52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2003)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 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)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I & II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-5 Changes and Changed Conditions (APR 1984) 52.246-21 Warranty of Construction (MAR 1994) (Alternate I (APR 1984)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)—Alt. I (SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996) FAR 52.225-9 Buy American Act-Construction Materials (Jan 2005)

(a) Definitions. As used in this clause—

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: none.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(a) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

[List name, address, telephone number, contact for supplier. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs and applicable duty (whether or not a duty-free entry certificate is issued).] FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

· Irrevocable Letter of Credit

· Payment Bond Certified Cashiers checks

· Bank drafts, money orders or currency

(b) The amount of the payment protection shall be 75 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

AGAR 452.228-71 Insurance Coverage (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Order of Precedence—Construction Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

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

Item Description

Number of Pages Attached I: Statement of Work (SOW)

5 pages

Attachment II: Specifications

1 lot

Attachment III: Lab Equipment Drawings

11 pages

Attachment IV: Experience Questionnaire

2 pages Attachment V: Past Performance Questionnaire

2 pages Attachment VI: Davis Bacon Wage Rate Determination:

MN070007 Building Construction

5 pages

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

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: 236220 Size Standard: $31 million 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.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $31 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 (c) 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 (c) 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 (c) applies.

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

(c) 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 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.

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

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Full text of a solicitation provision may be accessed at this/these address(es): www.arnet.gov/far/ or www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.215-1 Instruction to Offerors – Competitive Acquisition (JAN 2004)

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

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

FAR 52.215-5 Facsimile Proposals (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this solicitation, means a solicitation, modification of a solicitation, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) Telephone number of receiving facsimile equipment: 651-649-5285.

(d) If any portion of a facsimile proposal received by the Contacting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal.

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to promptly submit the complete original signed proposal.

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

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 are, are as follows:

Goals for minority participation for each trade: 3.6 percent Goals for female participation for each trade: 6.9 percent These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative actions obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: State of Minnesota, County of Itasca and City of Grand Rapids.

FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (May 2002)

(a) Definitions. "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.

FAR 52.233-2 Service of Protest (AUG 1996)

(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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: USDA – Forest Service, North Central Research Station, Attn: Carol Hulstrom, 1992 Folwell Avenue, St. Paul, MN 55108.

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

Proposal Preparation and Submission Instructions:

The offeror shall also submit the following required information (fill-ins) as listed:

1. Solicitation, Offer, and Award form SF-1442: blocks 14 – 20 (c)

2. Sections B, The Schedule price for providing the required service.

3. Amendment of Solicitation form SF-30: if applicable or acknowledge receipt of all Amendments (if any) to the Request for Proposal by completing block 19 on the SF 1442 or blocks 8,15A, 15B and 15C of the SF-30 and attach to the SF-1442 Proposal.

4. Experience Questionnaire.

5. Past Performance Questionnaire.

Price Proposal:

Offeror shall insert their price in Section B, The Schedule.

Experience:

Shall be evaluated on the qualifications of individuals and the firm that will perform the construction and include subcontractor that you anticipate.

Past Performance:

As part of the evaluation process, the Government will assess each offeror’s past performance. The offeror shall present factual material dealing 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. When problems were encountered briefly describe the problem area and the steps taken to resolve or correct. For those contracts less than positive performance, you are encouraged to provide a description of the problems and the efforts made to correct and to prevent future occurrences. Offerors and information obtained from other sources in the development of the performance confidence assessment.

Offerors lacking recent and relevant present/past performance experience may submit information regarding key personnel who have recent and relevant experence. In this case, offerors shall provide the following information, as a minimum, to allow government evaluators to conduct present/past performance evaluation for those key personnel cited by the offeror.

The experience questionnaire shall be completed to address past performance proposal requirements. Additional information maybe submitted to supplement this form as necessary.

Note: Relevant past performance is defined construction services the same or similar to those in the Statement of Work contained in this solicitation.

SECTION M--EVALUATION FACTORS FOR AWARD

Selection Criteria:

Proposals will be evaluated on the following factors: contractor (and subcontractor) experience and qualifications; past performance on project of similar scale and scope and price factors. The factors are listed in order of importance. When evaluation of competing offers is approximately the same, the price factor will become relatively more important.

Experience Experience shall be evaluated on the qualifications of individuals and the firm that will perform the construction and include subcontractor that you anticipate.

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

1) Contract Performance for projects of the same and size scope

2) Quality of Service/Control

3) Timeliness of Performance

The overall technical evaluation rating is more important than the overall price.

The basis for award will be an integrated assessment based on tradeoff between technical capability and price. The Government will award the contract to the offeror who represents the best value to the Government in terms of technical capability and price. The Government reserves the right to award to other than the low offeror.

Price Proposal

If the contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price Note: Award of this contract may be made without discussions. As such, the offeror is encouraged to submit its best price to the Government in the initial SF 1442 proposal.