Volume 2 -The Solicitation GS-01P-12-BZ-C-0008.pdf

U.S. General Services Administration

THE SOLICITATION

SOLICITATION NO: GS-01P-12-BZ-C-0008

PROJECT: Water Infiltration Repairs, Highgate Springs LPOE

PROPOSAL DUE:

DATE: 02/23/2012

TIME: 2:00 PM (1400 hrs)

LOCATION: GENERAL SERVICES ADMINISTRATION

NORTH SERVICE CENTER, 1PSA

10 CAUSEWAY STREET, ROOM 915

BOSTON, MA 02222-1077

ATTENTION: Bid Custodian, Gertrude Lartey

Volume II of III

This procurement is 100% set-aside for Total Small Businesses

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE

DRAWINGS, PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS

PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION/ CONTRACT THAT ARE

NOT REQUIRED BY REGULATION HAVE BEEN APPROVED BY THE OFFICE OF MANAGEMENT AND BUDGET

PURSUANT TO THE PAPERWORK REDUCTION ACT AND ASSIGNED OMB CONTROL NO. 3990-0163

GSA Public Buildings Service U.S. General Services Administration

10 Causeway Street New England Region

Boston, MA 02222 North Service Center www.gsa.gov

Construction Contract – Volume II, The Solicitation C201-SB 1/12

GSA Solicitation Number GS-01P-12-BZ-C-0008

Notice to Offerors of Total Small Business Set Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-6, Notice of Total Small Business Set-Aside

Table of Contents

I. General Information

A. The Solicitation and the Contract B. List of Solicitation Documents C. Authorized Representatives D. Estimated Price Range E. FAR 52.228-1 Bid Guarantee F. FAR 52.236-27 Site Visit - Construction G. Receipt of Bids

II. Proposals

A. Bid Contents B. Other Information to be Submitted with Proposal

III. Solicitation Provisions

A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American Act B. Buy American Exceptions

V. Method of Award

A. Evaluation of Offers B. Determination of Responsibility C. Total Evaluated Price

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

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AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 3 GS-01P-12-BZ-C-0008

0001 Provide labor and materials associated with the Highgate Springs, VT Water Infiltration Repair Project.

"Subject to Availability of Funds"

1.00 EA

GSA Solicitation Number GS-01P-12-BZ-C-0008

I General Information

I.A The Solicitation and Contract

I.A.1 This Solicitation is set-aside for Total Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for bids for a Contract to construct the Project described in the attached Agreement. Bids conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

I.A.2 The Solicitation shall not be part of the Contract. An Offeror’s bid shall not be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

I.A.3 The Offeror's bidl submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B List of Solicitation Documents

The Solicitation Documents are comprised of:

1. The Solicitation

2. Offeror Representations and Certifications Form (C301)

3. Standard Form (SF) 1442 – Solicitation Offer and Award

4. The Agreement and all Attachments to the Agreement

5. Contractor Responsibility Questionnaire

6. GSA Form 527

I.C Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

I.C.1 Contracting Officer

Name: Donna Maffeo Address: 10 Causeway Street, Boston, MA 02222

Telephone: 617-565-6012 Email: Donna.maffeo@gsa.gov

I.C.2 Alternate Point of Contact

Name: Sotheavy Khon Address: 10 Causeway Street, Boston, MA 02222

Telephone: 617-565-8892 Email: Sotheavy.khon@gsa.gov

GSA Solicitation Number GS-01P-12-BZ-C-0008

I.D Estimated Price Range

The estimated price range for the Project is between $100,000.00 and $ 250,000.00.

I.E FAR 52.228-1 Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.F FAR 52.236-27 Site Visit - Construction (FEB 95)

I.F.1 The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

I.F.2 Site visit(s) will be held at the following date(s) and time(s):

Date: 01/31/2012 Time: 11:30AM

For further information, please contact:

Name: Jack Darling Address: 50 SOUTH MAIN STREET Room: RM 135

ST ALBANS VT 05478-2111

Telephone: (802) 527-9638

Email: jack.darling@gsa.gov

GSA Solicitation Number GS-01P-12-BZ-C-0008

I.G Receipt of Offers

I.G.1 In order to be considered for award, Bids conforming to the requirements of the Solicitation must be received at the following office no later than 2:00 pm on the following date and at the following address:

Date: February 23, 2012 Address: 10 Causeway Street, Boston, MA 02222 9th floor

I.G.2 Bids sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

I.G.3 Bids sent by United States Mail shall be deemed timely if delivered to the address of the government installation designated for receipt of bids on or before the date established for receipt of bids.

II Bids

II.A Bid Contents

Bids shall consist of the following documents, completed and executed in accordance with this Solicitation:

1. SF 1442 with Amendments Acknowledged

2. Representations and Certifications (C301)

4. Bid Guarantee, using Standard Form 24

5. GSA Form 527 – Contractor’s Qualification and Financial Information

6. Contractor Responsibility Questionnaire

II.B Other Information to be Submitted with Bid

II.B.1 Representations and Certifications

Offerors submitting a bid in response to this Solicitation shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. Offerors shall also submit with their bid the Annual Representations and Certifications (FAR 52.204-8) using file C301 attached to this Solicitation.

II.B.2 Qualifications of Offerors

Offerors submitting a bid in response to this Solicitation shall submit with their bid evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where

GSA Solicitation Number GS-01P-12-BZ-C-0008 applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

III Solicitation Provisions

III.A General Provisions

III.A.1 Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the Contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of Contract award.

III.A.2 Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.A.3 Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.A.4 Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 14 as a Sealed Bid procurement. In accordance with FAR 3.104 and FAR 14.402, after receipt of bids, public bid opening and the bid abstract shall be available for public inspection as provided by FAR 14.403.

III.A.5 Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.A.6 Not Applicable

III.A.7 Vendor Past Performance System

The General Services Administration (GSA), Public Buildings Service (PBS) will begin using Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. The

GSA Solicitation Number GS-01P-12-BZ-C-0008 system enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The following are the modules of the system:

(a) Contractor Performance Assessment Reporting System (CPARS): Used to create past performance evaluations on services procurements;

(b) Architect Engineer Contract Administration Support System (ACASS): Used to create past performance evaluations on A/E procurements; and

(c) Construction Contractor Appraisal Support System (CCASS) module: Used to create past performance evaluations on construction procurements.

Throughout the rest of this section, the term “CPARS” will mean the overall evaluation system (inclusive of the CPARS, ACASS and CCASS evaluation modules).

Each award requiring an evaluation will be registered in CPARS by the Government. Within 30 days of award, the contractor will receive an email that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for free on-line Contractor Overview training when these sessions are offered. The training session is (2) hours and is specifically for contractor users who will provide Past Performance Evaluation comments on PBS evaluations.

After the contracting officer prepares and releases a contract evaluation, the contractor will receive an email alerting them the evaluation is ready for their review and comment. The contractor will have 30 days to respond to the evaluation. GSA shall provide for review at a level above the contracting officer (e.g., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

NOTE: Unless the contractor provides a different point of contact (POC) to the contracting officer after award, the Past Performance Point of Contact (POC) listed on the contractor’s Central Contractor Registration (CCR) profile will be used as the default Past Performance POC. This is the individual who will receive CPARS email alerts. In accordance with FAR Clause 52.204-7 the contractor is responsible for the accuracy and completeness of the data within the CCR database.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

III.A.8 Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information set forth in Section III.A. of the Agreement (Administrative Matters) as a condition of receipt of such information.

GSA Solicitation Number GS-01P-12-BZ-C-0008

III.B. FAR/GSAR Solicitation Provisions

III.B.1 Instructions to Bidders

NUMBER TITLE DATE

52.214-5 Submission of Bids MAR 97

52.214-12 Preparation of Bids APR 84

52.214-18 Preparation of Bids-Construction APR 84

III.B.2 FAR 52.216-1. Type of Contract. (APR 84)

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

III.B.3 FAR 52.222-5. Davis-Bacon Act—Secondary Site of the Work. (JUL 05)

(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, Davis-Bacon Act, 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 offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

III.B.4 FAR 52.222-23. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(Applicable to solicitations resulting in construction contracts in excess of $10,000.)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

0.8 %. 6.9%

GSA Solicitation Number GS-01P-12-BZ-C-0008

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:

Vermont, Franklin, Highgate Springs

III.B.5 FAR 52.233-2. Service of Protest (SEP 06)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in Paragraph I.D.

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

GSA Solicitation Number GS-01P-12-BZ-C-0008

III.B.6 FAR 52.211-1. Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29. (AUG 98)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

III.B.7 FAR 52.211-3. Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

(Applicable to solicitations that cite specifications not listed in the Index and are not furnished with the solicitation)

(a) The specifications cited in this solicitation may be obtained from: GSA Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

(b) The request should identify the solicitation number and the specification required by date, title, and number as cited in the solicitation.

III.B.8 FAR 52.252-1. Solicitation Provisions Incorporated by Reference (FEB 98)

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 address:

http://www.acquisition.gov/comp/far/index.html

GSA Solicitation Number GS-01P-12-BZ-C-0008

NUMBER TITLE DATE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 07

52.204-5 Women-Owned Business (Other Than Small Business) MAY 99

52.214-3 Amendments to invitations for Bids DEC 89

52.214-4 False Statements in Bids APR 84

52.214-5 Submission of Bids MAR 97

52.214-6 Explanation to Prospective Bidders APR 84

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 99

52.214-15 Period for Acceptance of Bids APR 84

52.214-19 Contract Award-Sealed Bidding-Construction AUG 96

52.214-34 Submission of Offers in the English Language APR 91

52.214-35 Submission of Offers in U.S. Currency APR 91

52.215-16 Facilities Capital Cost of Money JUN 03

52.219-4 Notice of Price Evaluation Preference for HUBZone small business Concerns

JUL 05

52.222-38 Compliance with Veterans’ Employment Reporting Requirements DEC 01

52.223-1 Biobased Product Certification DEC 07

52.223-4 Recovered Material Certification MAY 08

52.225-13 Restrictions on Certain Foreign Purchases JUN 08

52.228-1 Bid Guarantee Bid Guarantee 20% of the bid price or $3,000,000, whichever is less

SEP 96

52.236-28 Preparations of Proposals-Construction OCT 97

IV Buy American and Additional Solicitation Provisions

IV.A Buy American

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

GSA Solicitation Number GS-01P-12-BZ-C-0008 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.

(End of provision)

IV.B Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

NONE

V Method of Award

V.A Evaluation of Offers

The Government will award a contract resulting from this Solicitation to the lowest, responsive, responsible bidder whose bid is conforming to the solicitation.

V.B Determination of Responsibility

V.B.1 In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an Offeror's

GSA Solicitation Number GS-01P-12-BZ-C-0008 responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of offers set forth herein.

V.B.2 In order to be found responsible, the Offeror must demonstrate that it meets the following definitive responsibility criteria:

(a) Experience Criterion

(b) Financial Capacity Criterion

(c) Past Performance Criterion

V.C Total Evaluated Price

Total Evaluated Price shall be calculated using the prices indicated in the Price Proposal, using the following formula:

One Lump Sum

C301 8/11

GSA Solicitation No. GS-01P-12-BZ-C-0008

Offeror Representations and Certifications

C301 1/12

1. FAR 52.204-8 Annual Representations and Certifications (NOV 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236910 (Site Prep Contractors).

(2) The small business size standard is $14 million average annual receipts.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

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

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(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, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(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 Sanctioned Activities Relating to Iran—Representation and Certification.

(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 at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

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

(End of provision)

2. FAR 52.209-7 Information Regarding Responsibility Matters. (JAN 2011)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End of provision)

GSA Solicitation Number GS-01P-12-BZ-C0008

CONTRACTOR RESPONSIBILITY QUESTIONNAIRE PAGE 1 0F 2

FOLLOWING BID OPENING AND PRIOR TO AWARD, THE CONTRACTING OFFICER MUST DETERMINE

IF THE CONTRACTOR SELECTED FOR THE PROPOSED AWARD IS RESPONSIBLE WITHIN THE

MEANING OF FAR 9.103. THE PRIMARY FACTORS WHICH INFLUENCE THIS DETERMINATION ARE

THE FIRM'S ABILITY TO PERFORM THE REQUIRED WORK AND THE FIRM'S FINANCIAL CAPABILITY.

TO ASSIST THE CONTRACTING OFFICER IN THIS DETERMINATION, PLEASE COMPLETE BOTH

PAGES OF THIS FORM IN ADDITION TO THE ATTACHED GSA FORM 527 AND RETURN THEM WITH

YOUR BID. THE GOVERNMENT WILL TREAT ALL INFORMATION SUBMITTED ON THIS FORM AS

CONFIDENTIAL.

I. LIST THE FOLLOWING INFORMATION FOR THREE PROJECTS WHICH YOU HAVE SUCCESSFULLY

COMPLETED WITHIN THE PAST TWO YEARS, AND INVOLVES WORK SIMILAR TO THAT REQUIRED BY

THIS INVITATION FOR BID.

1. DESCRIPTION:_______________________________________________________________

OWNER: ______________________________________________________________

PERSON OF CONTACT:_______________________________________________________

TELEPHONE: ________________________________________________________________

AMOUNT: ________________________ DATE COMPLETED_______________________

2. DESCRIPTION:_______________________________________________________________

OWNER: ___________________________________________________________________

PERSON OF CONTACT:_______________________________________________________

TELEPHONE: ________________________________________________________________

AMOUNT: ________________________ DATE COMPLETED_______________________

3. DESCRIPTION:_______________________________________________________________

OWNER: ___________________________________________________________________

PERSON OF CONTACT:_______________________________________________________

TELEPHONE: ________________________________________________________________

AMOUNT: ________________________ DATE COMPLETED_______________________

II. THE CONTRACTOR MUST HAVE (1) ADEQUATE CAPITAL IN HAND TO PURCHASE MATERIALS,

MEET WEEKLY PAYROLLS, AND COVER OTHER JOB EXPENSES, OR (2) CREDIT AVAILABLE FROM

SUPPLIERS, BANKS, ECT. FOR THESE PURPOSES. PLEASE COMPLETE THE FOLLOWING:

A. I HAVE ADEQUATE FINANCIAL RESOURCES IN HAND TO PAY FOR:

( ) MATERIALS

( ) LABOR

( ) OTHER JOB EXPENSES

B. I HAVE CREDIT AVAILABLE FROM THE FOLLOWING FIRMS AND LENDING INSTITUTIONS: (LIST

NAME AND ADDRESS)

GSA Solicitation Number GS-01P-12-BZ-C0008

1.___________________________________________________________

2.___________________________________________________________

3.___________________________________________________________

I CERTIFY THAT THE INFORMATION ABOVE IS CORRECT.

SIGNATURE:_____________________________________

NAME OF COMPANY:_____________________________________

BY:_______________________________________

TITLE:______________________________________

482 WELCOME CENTER RD

HIGHGATE SPRINGS VT 05460-9901

issuedByAddress: ACQUISITION BRANCH, SVC CENTERS DIV

GSA/PBS

10 CAUSEWAY ST., RM 1100

BOSTON MA 02222-1077