Amendment_000001.pdf

Gunnison Office Remodel – Phase II AG-82X9-S-15-0008 Amendment 000001 Page 3 of 13

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

L.1. SOLICITATION PROVISIONS

L.1.1. 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):

http://fsweb.wo.fs.fed.us/aqm (click on Regulations).

L.1.2. FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)

52.204-6 Data Universal Numbering System Number (JUL 2013) 52.204-7 Systems For Award Management (JUL 2013) 52.214-4 False Statements in Bids (APR 1984) 52.214-5 Submission of Bids (MAR 1997) 52.236-28 Preparation of Proposals – Construction (OCT 1997)

L.1.3. 52.215-20 Requirement for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (OCT 2010)

(1) Submission of certified cost or pricing data is not required.

(2) Submit “information other than cost or pricing data” portions of the proposal cost schedules and supporting information identified in the paragraphs under L.2.4.1.1.

(End of Provision)

L.1.4. 52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort (OCT 2009)

L.1.5. 52.216-1 Type of Contract (APR 1984)

(1) The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

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L.1.6. 52.222-5 Construction Wage Rate Requirements – Secondary Site of Work (MAY 2014)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of the offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

L.1.7. 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 work force in each trade on all construction work in the covered are as follows:

Goals for minority participation for each trade are: 3.4% Goals for female participation for each trade are: 6.9%

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

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(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 to 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 Contracts 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 Gunnison County Colorado.

L.1.8. 52.225-10 Notice of Buy American Requirement – Construction Materials (MAY 2014)

(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 – 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 statute 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 statute

Amendment 000001 Page 6 of 13 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 statute, 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 requested 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.

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L.1.9. 52.233-2 Service of Protest (SEP 2006)

(1) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protest that are filed with the General Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgement of receipt from the Contracting Officer, USDA Forest Service, 740 Simms Street, Golden, Colorado 80401.

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

L.1.10. AGAR 452.204-70 Inquires (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.

L.1.11. AGAR 452.237-71 Pre-Bid/Pre Proposal Conference (FEB 1988)

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

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five

(5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 1442 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

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(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conference will be held:

Date: April 16, 2015 Time: 11:00 a.m.

Location: GMUG Ranger District Office

(End of Clause)

L.2. 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN

2004)

L.2.1. General Instructions.

L.2.1.1. Offerors are cautioned to follow the instructions provided in this section carefully to assure the Government receives consistent information in a form that will facilitate proposal evaluation. Exception taken as to inclusion of specific requirements in the resultant contract shall not be considered. If the Offeror does submit an alternative offer, the offer will not be accepted by the Government. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

L.2.1.2. This section provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. In addition to the offer, the offeror’s proposal must include all data and information requested in this solicitation and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the solicitation and applicable attachments. Non-conformance with the instructions provided in the solicitation and this section may result in an unfavorable proposal evaluation or rejection of the proposal. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

L.2.1.3. The Government intends to evaluate proposals and award the contract without discussions. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price or cost and technical standpoint. The Government reserves the right to seek information clarifying any element of an offer or other information submitted in volumes I-IV prior to awarding without discussions. This request for information serves to clarify certain

Amendment 000001 Page 9 of 13 aspects of proposals (e.g. the relevance of an offeror’s Past Performance information and adverse Past Performance information to which the offeror has not previously has an opportunity to respond) or to resolve minor or clerical errors. This exchange shall not be used to cure weaknesses or material omissions of the offer, or materially alter the technical or cost information in the proposal. Under no circumstances will the offeror revise their offer in response to clarification questions; any such revision will not be considered. If the Government determines that it is necessary to conduct discussions; the Contracting Officer will establish the competitive range. If the Contracting Officer decides that an offeror’s proposal should no longer be included in the competitive range, the proposal will be excluded from consideration for award; and written notice of this decision will be provided to unsuccessful offerors in accordance with FAR 15.503. If discussions are conducted, the offerors remaining within the competitive range will be notified as such by the Contracting Officer and discussions scheduled.

L.2.1.4. Offerors shall submit proposals to the Contracting Officer at the address indicated below. The proposals are to be submitted in electronic and hard copy format. Hard copies and CD-Roms shall be submitted to:

Contracting Officer USDA Forest Service 740 Simms Street Golden, CO 80401

Each CD-Rom and or hard copy volume shall be marked as follows:

OFFERORs COMPANY NAME, e.g., XYZ Corporation

AG-82X9-S-15-0008

USDA Forest Service, Region 2 Regional Office Volume: (number: Volume I, II, III, or IV) CD Number (e.g., 1 of 3) Identify if the data is protected by the Privacy Act, HIPAA or both (as appropriate) Date the CD/Data was created Software and version used

The proposals shall be submitted in the following format:

(1) The proposal must include four volumes. Each of the volume shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain references to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor’s understanding of the Statement of Work may be evaluated.

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(2) Pages must be 8.5” x 11” in size (or folded in such a way that they fit into an 8.5” x 11” format when folded) and may be printed on both sides of each page.

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

(a) 1 original hard copy of the completed, signed offer, (Section A through K of the solicitation package).

(b) 1 copy of the technical proposal.

(c) 1 copy of the business/cost proposal.

(d) 1 copy of the past performance proposal.

(e) 1 electronic copy (CD-Rom format) of all Volumes of the proposal.

Part/Volume Name # of Copies

Hard/Electronic

Volume I Executed Offer, to include:

SF 1442

Completed Schedule B (Schedule of

Items) Completed Section K Certs & Reps

(on-line version) Completed copy of paragraph H.2.

(Points of Key Personnel) Subcontracting Plan (if applicable)

1/1

Volume II Technical Proposal to include:

Written Technical Proposal (see

L.2.2.)

1/1

Volume III Business Proposal to include:

Written Price/Cost Proposal (see

L.2.4.1.)

Written Business Proposal (see

L.2.4.2.)

1/1

Volume IV Past Performance Proposal to include:

Written Past Performance Proposal (see

L.2.5.)

Past Performance Questionnaire

(Attachment L-2)

1/1

L.2.2. Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the proposal must

Amendment 000001 Page 11 of 13 present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives for each Subfactor of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

L.2.2.1. Description of how the work will be performed. Technical approach to the BASE ITEMS should be described in detail, including applicable guidance, methods of performance, etc.

(1) Provide a plan of operation indicating how the mechanical, electrical, and other elements of the construction should be laid out and scheduled. Indicate how, why, and when which sub-contractors or trades must communicate and coordinate with each other. Include major milestones and review timelines in order to complete the BASE ITEMS of this project in the contract time.

Durations should be described for key activities.

(2) If specialized testing of the systems is required that will negatively affect the work for personnel in the office, describe how this will be accomplished and how it would impact other work in the building.

L.2.3. List of all personnel and qualifications of each individual that will perform the work, including subcontractors if not previously provided. Note that this list shall highlight any personnel that have performed similar work on other contracts. Indicate what skills the general contractor and subcontractors provide.

L.2.4. Business Proposal Instructions. There requirements for submitting the cost portion of the proposal is to provide the required pricing information requested in Part I, Section B, SCHEDULE OF ITEMS, Supplies or Services Price/Costs.

L.2.4.1. Cost Proposal. The Government intends to complete BASE ITEMS under this contract. A firm, fixed-price must be provided for each BASE ITEM shown on the SCHEDULE OF ITEMS. The requirements for submitting the cost portion of the proposal is to provide the required pricing information requested in Part I, Section B, SCHEDULE OF ITEMS, Supplies or Services Unit Price/Total Costs.

L.2.4.1.1. Cost Information Requirements. Information Other Than Cost or Pricing Data is required to support price and cost reasonableness and cost realism. If, after receipt of proposals, the Contracting Officer determines that there is not adequate price competition sufficient to determine price reasonableness and none

Amendment 000001 Page 12 of 13 of the exceptions in FAR 15.403-1 apply, the Offeror will be required to submit cost or pricing data. A detailed cost must be provided that supports the extended price shown in the SCHEDULE OF ITEMS for each BASE ITEM. At a minimum, this detailed cost must include personnel labor categories, rates, and hours; equipment type, rates, quantities and hours; supplies; materials; subcontracted services;

all mark-ups (G&A, overhead, profit, etc.). This detailed cost must be presented in a way that supports the totals shown on the SCHEDULE OF ITEMS for each PAY ITEM.

L.2.4.1.2. BASE ITEMS. The Government intends to complete BASE ITEMS under this contract. A firm, fixed-price must be provided for each BASE PAY ITEM shown on the SCHEDULE OF ITEMS. In addition, a detailed cost must be provided that supports the extended price shown in the SCHEDULE OF ITEMS for each BASE ITEM. At a minimum, this detailed cost must include personnel labor categories, rates, and hours; equipment type, rates, quantities and hours; supplies;

materials; subcontracted services; all mark-ups (G&A, overhead, profit, etc.). This detailed cost must be presented in a way that supports the totals shown on the SCHEDULE OF ITEMS for each PAY ITEM.

L.2.4.1.3. OPTIONAL ITEMS. The Government may not initially award these OPTIONAL ITEMS. The decision to award will be based on information obtained during completion of BASE ITEM tasks.

L.2.4.2. Business Proposal. Furnish financial statements for the last two years, including an interim statement for current year, unless previously provided to the office issuing the RFP, in which case a statement as to when and where this information was provided may be furnished instead.

Specify the financial capacity, working capital and other resources available to perform the contract without assistance from outside source.

Provide the name, location and intercompany pricing policy for other divisions, subsidiaries, parent company, or affiliated companies that will perform work or furnish materials under this contract.

L.2.5. Past Performance and Representative Projects Proposal Instructions.

This section applies to the Prime Contractor and its first tier subcontractors.

The term “Prime Contractor,” for the purpose of submitting past performance information, includes an entity that is a consortium of entities. For purposes of this section, a first tier subcontractor is a company with a direct contractual relationship with the offeror. The Government will only consider relevant past performance information for ongoing contracts/agreements and contracts/agreements concluded within the last five years. (The last five years is defined as: five years as of 60 calendar days prior to the proposal due date.)

All relevant past performance shall be submitted.

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(1) The offeror shall provide a narrative that describes the relevant past performance that the prime contractor and first tier subcontractor(s) has in performing work that is relevant to this solicitation. Summary should include/highlight scope overview of work performed deemed relevant to the proposed efforts, personnel used, equipment used, regulatory involvement & expertise (State &/or Federal interaction), project duration and cost.

(2) The offeror is required to clearly demonstrate management actions employed in resolving problems and the effects of those actions, in terms of improvements achieved or problems resolved (i.e., submittal of quality performance indicators or other management indicators).

(3) The offeror shall identify the five largest contracts/agreements based on gross revenues, for itself and each of its first-tier subcontractors that are currently ongoing or have concluded in the last three years.

(4) Unless otherwise identified in section L.2.4.(3), the offeror shall identify the three largest federal and/or state Government contracts/agreements based on gross revenue, for itself and each of its first-tier subcontractors that are currently ongoing or have concluded in the last three years.

(5) The offeror shall identify if the offeror, or its first-tier subcontractor, has had any contracts terminated for default or cause within the last three years preceding submission of the proposal. The offeror shall provide documentation detailing the reason for the termination. The documentation shall identify the customer, its address, the cognizant contracting official, and his/her telephone number.

(6) The offeror shall submit a completed past performance questionnaire for each of the contracts/programs required in L.2.4.2. These clients may return the completed questionnaires directly to USDA Forest Service at the source selection office identified in Block 7 of the SF 1442. If not returned directly by the client, the offeror shall include the completed questionnaire(s) in the past performance proposal.

(7) Any offeror without past performance history relevant to this solicitation shall submit information relating to key personnel in the firm who have relevant past performance history. Offerors shall specifically identify relevant past performance efforts for each individual cited, the nature of the history and the results of the individuals efforts. Resumes of key personnel are not required and shall not be submitted if the offeror submits relevant past performance history, including that of the parent corporation, consortium, or predecessor company.

END OF SECTION L