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TABLE OF CONTENTS
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
SECTION D - PACKAGING AND MARKINGS
SECTION E - INSPECTION AND ACCEPTANCE
SECTION F - DELIVERIES OR PERFORMANCE
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION I - CONTRACT CLAUSES
SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
ATTACHMENT 1 - DAVIS BACON WAGE DETERMINATION
ATTACHMENT 2 - SPECIFICATIONS
ATTACHMENT 3 - EXPERIENCE QUESTIONNAIRE
SECTION K - REPS AND CERTIFICATIONS
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
SECTION M - EVALUATION FACTORS FOR AWARD
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PART I—THE SCHEDULE
SECTION B - SCHEDULE OF ITEMS
The Contractor shall furnish labor, supervision, equipment, materials, transportation, and any other incidental items
needed to perform all specifications of this project in accordance with the contract clauses, specifications, and all
attachments provided herein. Project is located on the Uwharrie Ranger District, Montgomery County, near Troy, NC
CONTRACTOR INFORMATION
DUN & BRADSTREET #
SAM RECORD
EMAIL ADDRESS:
PHONE
YES ______ NO
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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
452.211-72
Statement of Work/Specifications. (Feb 1988)
452.211-73
Attachments to Statements Of Work/Specifications. (Feb 1988)
SEE ATTACHMENT 2 FOR SPECIFICATIONS FOR THIS PROJECT.
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SECTION D - PACKAGING AND MARKING
No clauses included in this section.
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SECTION E
INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be
accessed electronically at this/these address(es):
www.arnet.gov/far/
http://www.usda.gov/procurement/policy/agar.html
52.246-1
Contractor Inspection Requirements (Apr 1984)
52.246-12
Inspection Of Construction (Aug 1996)
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SECTION F
DELIVERIES OR PERFORMANCE
FAR 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 45 calendar days The time stated for completion shall include final cleanup of the premises.
FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the
total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to
this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines
that the reduction would be to the advantage of the Government.
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SECTION G
CONTRACT ADMINISTRATION DATA
INVOICING: All Invoices must be submitted through the the Department of Treasury's Invoice Processing Platform
(IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the
previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice
Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more
information at this website https://www.ipp.gov/index.htm
Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish
your account.
Contractor is required to submit as an attachment in IPP for their invoice a cost breakdown for the invoice being
submitted.
Contract is required to forward Payrolls and Daily Diaries, via email, to the COR prior to submission of the invoice in
IPP.
AGAR 452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 10 calendar days
after the date of contract award. The conference will be held at a location designated by the Contracting Officer.
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SECTION H
SPECIAL CONTRACT REQUIREMENTS
No clauses included this section.
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SECTION I
CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be
accessed electronically at this/these address(es):
www.arnet.gov/far/
http://www.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.201-1
52.203-3
52.203-5
52.203-7
52.203-8
52.203-10
52.203-13
52.203-14
52.203-16
52.203-17
52.204-4
52.204-7
52.209-6
52.204-10
52.204-12
52.204-13
52.209-6
52.209-9
52.211-10
52.211-13
52.211-18
52.215-8
52.215-14
52.215-19
52.219-6
52.219-28
52.222-3
52.222-4
52.222-6
52.222-7
Definitions (NOV 2013)
Gratuities (APR 1984)
Covenant Against Contingent Fees (MAY 2014)
Anti-Kickback Procedures (MAY 2014)
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)
Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)
Contractor Code of Business Ethics and Conduct (APR 2010)
Display of Hotline Poster(s) (DEC 2007)
Preventing Personal Conflicts of Interest (DEC 2011)
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower
Rights (APR 2014)
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)
System For Award Management (Jul 2013)
Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (AUG 2013) (Applicable if contract exceeds $30,000)
Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013)
Data Universal Numbering System Number Maintenance (DEC 2012)
System For Award Management Maintenance (JUL 2013)
Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, Or
Proposed For Debarment. (Aug 2013)
Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013)
Commencement, Prosecution, and Completion of Work (APR 1984) and Alternative 1 (APR 1984)
Time Extensions (SEP 2000)
Variation in Estimated Quantity. (Apr 1984)
Order of Precedence-Uniform Contract Format (OCT 1997)
Integrity of Unit Prices (OCT 2010)
Notification of Ownership Changes (OCT 1997)
Notice of Total Small Business Set-Aside (NOV 2011)
Post-Award Small Business Representation (JUL 2013)
Convict Labor (JUN 2003)
Contract Work Hours and Safety Standards Act – Overtime Compensation (MAY 2014)
Construction Wage Rate Requirements (MAY 2014)
Withholding of Funds (MAY 2014)
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52.222-8
52.222-9
52.222-10
52.222-11
52.222-12
52.222-13
52.222-14
52.222-15
52.222-21
52.222-26
52.222-27
52.222-30
52.222-31
52.222-32
52.222-33
52.222-34
52.222-35
52.222-36
52.222-37
52.222-50
52.222-54
52.223-2
52.223-3
52.223-5
52.223-6
52.223-17
52.223-18
52.223-19
52.224-1
52.224-2
52.225-13
52.226-4
52.226-5
52.227-1
52.227-4
52-227-5
52.228-1
52.228-2
52.228-5
52.228-11
52.228-12
52.228-13
52.228-14
52.228-15
52.229-2
52.229-3
52.232-5
52.232-16
Payrolls and Basic Records (MAY 2014)
Apprentices and Trainees (JUL 2005)
Compliance with Copeland Act Requirements (FEB 1988)
Subcontracts (Labor Standards) (MAY 2014)
Contract Termination - Debarment (MAY 2014)
Compliance with Construction Wage Rate Requirements and Related Act Regulations (MAY 2014)
Disputes Concerning Labor Standards (FEB 1988)
Certification of Eligibility (MAY 2014)
Prohibition of Segregated Facilities (FEB 1999)
Equal Opportunity (MAR 2007)
Affirmative Action Compliance Requirements for Construction (FEB 1999)
Construction Wage Rate Requirements – Price Adjustment (None or Separately Specified Method)
(MAY 2014)
Construction Wage Rate Requirements – Price Adjustment (Percentage Method) (MAY 2014)
Construction Wage Rate Requirements – Price Adjustment (Actual Method) (MAY 2014)
Notice of Requirement for Project Labor Agreement (MAY 2010)
Project Labor Agreement (MAY 2010)
Equal Opportunity for Veterans (SEP 2010)
Affirmative Action for Workers with Disabilities (OCT 2010)
Employment Reports Veterans (SEP 2010) (Applicable if contract exceeds $100,000)
Combating Trafficking in Persons (FEB 2009)
Employment Eligibility Verification (AUG 2013)
Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
Hazardous Material Identification and Material Safety Data (JAN 1997)
Pollution Prevention and Right-to-Know Information (MAY 2011)
Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)
Affirmative Procurement of EPA-designated items in Service and Construction Contracts (MAY 2008)
Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
Compliance with Environmental Management Systems (MAY 2011)
Privacy Act Notification (APR 1984)
Privacy Act (APR 1984)
Restrictions on Certain Foreign Purchases (JUN 2008)
Notice of Disaster or Emergency Area Set-Aside (NOV 2007)
Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)
Authorization and Consent (DEC 2007)
Patent Indemnity – Construction Contracts (DEC 2007)
Waiver of Indemnity (APR 1984)
Bid Guarantee (SEP 1996)
Additional Bond Security (OCT 1997) (Applicable if contract exceeds $25,000)
Insurance – Work on a Government Installation (JAN 1997)
Pledges of Assets (JAN 2012)
Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract
exceeds $25,000)
Alternative Payment Protection (JUL 2000)
Irrevocable Letter of Credit (MAY 2014) (Applicable if contract exceeds $25,000)
Performance and Payment Bonds-Construction (OCT 2010)
North Carolina State and Local Sales and Use Tax (APR 1984)
Federal, State, and Local Taxes (FEB 2013)
Payments Under Fixed-Price Construction Contracts (MAY 2014)
Progress Payments (APR 2012)
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52.232-17
52.232-18
52.232-23
52.232-27
52.232-33
52.232-39
52.232-40
52.233-1
52.233-3
52.233-4
52.236-2
52.236-3
52.236-5
52.236-6
52.236-7
52.236-9
52.236-10
52.236-11
52.236-12
52.236-13
52.236-15
52.236-16
52.236-17
52.236-21
52.236-26
52.242-13
52.242-14
52.243-4
52.243-5
52.243-7
52.244-2
52.244-6
52.246-12
52.246-21
52.249-2
52.249-10
52.219-14
52.253-1
Interest (MAY 2014)
Availability of Funds (APR 1984)
Assignment of Claims (MAY 2014)
Prompt Payment for Construction Contracts (MAY 2014)
Payment by Electronic Funds Transfer – System For Award Management (JUL 2013)
Limitation on Withholding of Payments (APR 1984)
Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
Disputes (MAY 2014)
Protest After Award (AUG 1996)
Applicable Law for Breach of Contract Claim (OCT 2004)
Differing Site Conditions (APR 1984)
Site Investigation and Conditions Affecting the Work (APR 1984)
Material and Workmanship (APR 1984)
Superintendence by the Contractor (APR 1984)
Permits and Responsibilities (NOV 1991)
Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
(APR 1984)
Operations and Storage Areas (APR 1984)
Use and Possession Prior to Completion (APR 1984)
Cleaning Up (APR 1984)
Accident Prevention (NOV 1991)
Schedules for Construction Contracts (APR 1984)
Quality Surveys (APR 1984)
Layout of Work (APR 1984)
Specifications and Drawings for Construction (FEB 1997)
Preconstruction Conference (FEB 1995)
Bankruptcy (JUL 1995)
Suspension of Work (APR 1984)
Changes (JUN 2007)
Changes and Changed Conditions (APR 1984)
Notification of Changes (APR 1984)
Subcontractors (OCT 2010)
Subcontracts for Commercial Items (MAY 2014)
Inspection of Construction (AUG 1996)
Warranty of Construction Alternate I (APR 1984)
Termination for Convenience of the Government (Fixed-Price) (APR 2012)
Alternate 1 (SEP 1996)
Default (Fixed-Price Construction) (APR 1984)
Limitations on Subcontracting (NOV 2011)
Computer Generated Forms (JAN 1991)
52.225-9 Buy American—Construction Materials. (MAY 2014)
(a) Definitions. As used in this clause—
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
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(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same
form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum
products.
“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—
(3) 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
(4) 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;
(2) A construction material manufactured in the United States, if—
(i) 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; or
(ii) The construction material is a COTS item.
“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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic
construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for
construction material that is a COTS item. (See FAR 12.505(a)(2)). 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 information technology that is a commercial item or to the construction
materials or components listed by the Government as follows:
_______NONE_____________________________________
[Contracting Officer to list applicable excepted materials or indicate “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 statute is unreasonable when the cost of such
material exceeds the cost of foreign material by more than 6 percent;
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(ii) The application of the restriction of the Buy American statute 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.
(c) Request for determination of inapplicability of the Buy American statute.
(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 statute 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 statute applies, use of foreign
construction material is noncompliant with the Buy American statute.
(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
Construction Material Description
Unit of Measure
Quantity
Price (Dollars)*
Foreign construction material
_______
_______
_______
Domestic construction material
_______
_______
_______
Item 2:
_______
_______
_______
Item 1:
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Foreign construction material
_______
_______
_______
Domestic construction material
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach
summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is
issued).]
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 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 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.
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Alternate I (May 2014). As prescribed in 25.1102(b)(2), substitute the following paragraph (b) for paragraph (b) of the
basic provision:
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the
inapplicability of the Buy American statute shall submit the request with its offer, including the information and
applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.232-70
452.236-71
452.236-72
452.236-73
452.236-74
452.236-76
452.236-77
Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)
(Applicable if contract is over $25,000)
Prohibition Against the Use of Lead-Paint (NOV 1996)
Use of Premises (NOV 1996)
Archeological or Historic Sites (FEB 1988)
Control of Erosion, Sedimentation and Pollution (NOV 1996)
Samples and Certificates (FEB 1988)
Emergency Response (NOV 1996)
AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS
FOR CORPORATE APPLICANTS ALTERNATE 1 (FEB 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.
112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies.
Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal
violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official
of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such
officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment
is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for
default and may recover any funds the awardee has received in violation of sections 433 or 434.
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SECTION J
LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
ATTACHMENT 1
DAVIS BACON WAGE DETERMINATION
ATTACHMENT 2
SPECIFICATIONS
ATTACHMENT 3
EXPERIENCE QUESTIONNAIRE
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PART IV—REPRESENTATIONS AND INSTRUCTIONS
SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
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
52.203-11
52.204-6
52.204-7
52.223-1
52.225-25
52.236-28
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
(SEP 2007)
Data Universal Numbering System Number (JUL 2013)
System for Award Management (JUL 2013)
Biobased Product Certification (MAY 2012)
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to IranRepresentation and Certificates (DEC 2012)
Preparation of Proposals – Construction (OCT 1997)
52.204-8 Annual Representations and Certifications. (MAY 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __115310__ [insert
NAICS code].
(2) The small business size standard is __$7.5 MILLION____ [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this
provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the
System for Award Management (SAM), and has completed the Representations and Certifications section of SAM
electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding
individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking
one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and
certifications in the solicitation.
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(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This
provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations
that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision
applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those
in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is
specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to
solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast
Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the
contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include
the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for
construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to
solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is
not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or
specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the
use of, EPA–designated items.
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(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.2251.
(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II,
and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I
applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II
applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III
applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This
provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating
to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision
applies to—
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher
educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of
Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.219-22, Small Disadvantaged Business Status.
__ (A) Basic.
__ (B) Alternate I.
__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards 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 SAM website accessed
through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission
of the offer that the representations and certifications currently posted electronically that apply to this solicitation as
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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 SAM.
(End of provision)
52.209-5 Certification Regarding Responsibility Matters. (APR 2010)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals—
(A) Are __ are not __ presently debarred, suspended, proposed for debarment, or declared ineligible for the
award of contracts by any Federal agency;
(B) Have__have not o, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust
statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen
property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);
(C) Are__are not__presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal
taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A
liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial
challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to
pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced
collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the
taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax
liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised
all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer
has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
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contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior
opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer
seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is
making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced
collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has __ has not __, within a three-year period preceding this offer, had one or more contracts
terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, 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).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a
False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001,
Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award,
the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in
withholding of an award under this solicitation. However, the certification will be considered in connection with a
determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional
information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an
Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was
placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in
addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from
this solicitation for default.
52.209-7 Information Regarding Responsibility Matters. (JUL 2013)
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(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, indefinitequantity, 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 System for Award Management database via
https://www.acquisition.gov (see 52.204-7).
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FAR 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)
The offeror represents that—
It ❏ has, ❏ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this
solicitation;
It ❏ has, ❏ has not filed all required compliance reports; and Representations indicating submission of required
compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES
AGAR 452.209-70, Alternate 1 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or
a Felony Conviction (FEB 2012)
(a) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act,
2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal
tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and
all corporate offerors also must complete paragraphs (2) and (3) of this representation.
(b) The Offeror represents that –
(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty
states, the District of Columbia, or the various territories of the United States including American Samoa,
Federated States of of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic
of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and
non-profit organizations).
If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If
Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.
(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal
or State law in the 24 months preceding the date of offer.
(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony ciminal
violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of
offer.
(3) The Offeror does [ ], does not [ ] (check one) have an unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
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AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JAN 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
115310
Size Standard
$7.5 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.
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SECTION L – INSTRUCTIONS, CONDITIONS, AND
NOTICES TO OFFERORS OR RESPONDENTS
52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN 2004)
PREPARATION AND SUBMISSION REQUIREMENTS
These instructions are designed to ensure the submission of information essential to the understanding and comprehension of the
request for proposal. There is no intent to limit the content of the offer. The instructions permit the inclusion of any additional data or
information an offeror deems pertinent. Offerors are cautioned to follow the detailed instructions carefully and fully, as the
government reserves the right to make an award based on initial offers received without discussions of such offers.
Offeror must be current and active in SAM (www.sam.gov) to be awarded resultant contract.
ATTENTION: Michael D. Walker email to mwalker05@fs.fed.us
Email Subject Line: Solicitation AG-4568-S-15-0018
Due Date: NLT 03/09/2015 at 4:00pm EST
The following material will be submitted:





SF18 completed, Block 13 through Block 15b
Contractor Information on page 6 of this document
Pricing (Total on page 1 of SF18, Schedule of Items Cost Breakdown, page 4 of this document
AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony
Conviction. (DEVIATION 2012-01) (FEB 2012) Alternate 1 (Feb 2012) See page 24 of this document)
Page 1 of Offeror’s SAM record. NAICS Code 115310 must be on Offeror’s SAM record.
Technical Proposal: The Contractor shall complete and submit the attached Experience Questionnaire (Attachment 3)
Price Quote: SF18, Item No. 001, and the Schedule of Items Cost Breakdown sheet, page 4 of the RFQ must be submitted
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. Also, the full text of a solicitation provision may be
accessed electronically at this/these address(es):
www.arnet.gov/far/
www.usda.gov/procurement/policy/agar.html
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FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
52.204-6
52.204-7
52.207-1
52.214-34
52.214-35
52.215-1
52.215-3
52.215-5
52.237-1
Data Univerals Numbering System Number (JUL 2013)
System for Award Management (JUL 2013)
Notice of Standard Competition (MAY 2006)
Submission of Offers in the English Language (APR 1991)
Submission of Offers in U.S. Currency (APR 1991)
Instructions to Offerors—Competitive Acquisition (JAN 2004)
Request for Information or Solicitation for Planning Purposes (OCT 1997)
Facsimile Proposals (OCT 1997)
Site Visit (APR 1984)
52.216-1 Type of Contract. (APR 1984)
The Government contemplates award of a Firm Fixed contract resulting from this solicitation.
52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)
The offeror represents that—
It__ has,__ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this
solicitation;
It__ has,__ has not filed all required compliance reports; and
Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be
obtained before subcontract awards.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY FOR CONSTRUCTION. (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for
Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce
in each trade on all construction work in the covered area, are as follows:
Goals for Female Participation for Each Trade: 6.9%
Goals for Minority Participation for Each Trade: 20.7%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs
construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the
geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and
these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based
on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause
entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of
minority and female employment and training must be substantially uniform throughout the length of the contract, and in
each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The
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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 “Macon County”.
52.233-2 Service of Protest. (SEPT 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency,
and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the
Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USDA Forest
Service, Karen Welch, Contract Officer, 200 WT Weaver Blvd, Asheville, NC 28804.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the
GAO.
52.236-27 Site Visit (Construction) 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.
(Feb 1995). If an organized site visit will be conducted, substitute a paragraph substantially the same as the following
for paragraph (b) of the basic provision:
(b) An organized site visit has been scheduled for—
AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES
452.204-70
Inquiries (FEB 1988)
AGAR 452.237-71 Pre-Bid/ Pre-Proposal Conference (FEB 1988)
(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
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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 18 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.
(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 conferences will be held at the following locations for the corresponding line items and Forests listed in
the Schedule of Items:
FEBRUARY 11, 2015 AT 10:00AM EST
There will be a Pre-Bid Meeting on Wednesday February 11, 2015 at 10:00 a.m. at Dutch John Parking Lot on the Uwharrie
National Forest. Interested parties are encouraged to bring trail-ready vehicles to the Prebid Meeting.
Participants will meet at— PROJECT SITE, SEE LOCATION ON MAP
Directions to Project: From Troy, NC: Take State Hwy 109 North 8.5 Miles. Turn left onto Reservation Road (SR
1153). Travel for 0.5 miles. Turn right onto Mocassin Creek (NFSR 576). Follow for 1.5 miles. Turn left onto Dutch John
Road (NFSR 553). Both Trails are accessed off of Dutch John Road.
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SECTION M
EVALUATION FACTORS FOR AWARD
AWARD DETERMINATION
General
In accordance with FAR Subpart 9.1, the Government will make award a contract resulting from this solicitation will be
subject to the CO’s determination that the offerors meets the following minimum standards for performing the required
work:
o
o
o
o
o
Has adequate financial resources and financial accounting systems;
Is able to meet the required delivery or performance dates;
Has sufficient technical ability, capacity and capability to perform;
Has a satisfactory performance record, including performance on other contract;
Is otherwise qualified and eligible to receive an award under applicable laws and regulations.
The Government has the right to award this contract and all resultant Task Orders to other than the offeror with
the lowest price.
EVALUATION OF PROPOSAL PACKAGE
The Government will issue awards as a result of this solicitation to the responsible offeror whose proposal, conforming to
the solicitation, will be most advantageous to the Government, cost or price and other factors considered.
"Other factors" to be considered in the award process, for the purpose of this solicitation, shall include, but will not be
limited to: (1) the experience/ability of the firm, (2) Past Performance, and (3) price.
As part of the evaluation process, the Government will assess each offeror’s past performance. The offeror shall present
factual material dealing with contracts performed for other Government agencies or with private sector businesses for
which the same or similar services were provided. Information requested includes successful execution of contracts. The
Government will use information provided by the offerors and information obtained from other sources in the
development of the performance confidence assessments. The offerors shall submit the Experience Questionnaire, which
will be utilized to address past performance requirements. Additional information may be submitted to supplement this
form as necessary.
Offerors need to ensure all necessary past performance information is included to address:
Contract Performance for projects of the same and size scope
Quality of Service/Control
Timeliness of Performance
The basis for award will be an integrated assessment based on tradeoff between technical capability and price
reasonableness.
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NOTE: All Offeror’s technical proposals will be evaluated on the factors above. Offerors are to include past
performance information that demonstrates their ability to perform the required work. Failure to include this
information will result in the past performance being rates as “neutral”.
The Government shall consider a proposal non-responsive if all required information is not received. If necessary, the
Government may conduct discussions with any or all offerors.
Technical Acceptability
includes Relevant Experience, Past Performance, Experience
Price Reasonableness
A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within
the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there
are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(1) Technical Acceptability
The sub factors that will be used to evaluate the technical proposals listed in order of relative importance:
Past Performance
Contract Management
Geographical Proximity
Past performance shall be evaluated on the basis of the following subfactors of equal importance:
Relevant Experience - Contract Performance for projects of the same and size scope,
Quality of Service/Quality Control
Timeliness of Performance
(2) Price
Pricing shall be submitted on the SF1442 by all offerors in addition to all technical evaluation documentation in this
solicitation. The price will be evaluated for completeness and reasonableness. The price will be evaluated to ensure it
covers all requirements and includes all pricing information required by the solicitation. Moreover, prices will be
evaluated for reasonable in comparison to estimates, historical prices paid on similar contracts, current competition and
other price analysis methods.
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TECHNICAL EVALUATION
Overall Technical Proposal Evaluation: The following guide will be used in determining the rating of each Offeror’s
overall technical proposal.
EXCEPTIONAL (E)
The quote exceeds the requirements of the RFQ and provides an exceptional or outstanding approach that fully
satisfies the Government’s requirements. A complete understanding of the solicitation is demonstrated. Selection
for contract award can be made without further exchange with the contractor.
ACCEPTABLE (A)
The quote fully satisfies the requirements of the RFQ and demonstrates a good understanding of the solicitation.
The offeror has adequately addressed all of the technical elements requested by the RFQ. Selection for contract
award could potentially be made without further exchange with the contractor.
MARGINAL (M)
The quote does not fully meet the requirements of the RFQ. Weaknesses are identified which would indicate an
insufficient understanding of the RFQ requirements. With minor revisions or clarifications, the proposal has a
reasonable chance of becoming technically acceptable.
UNACCEPTABLE (U)
The quote fails to satisfy requirements of the RFQ and the approach contains an unacceptable level of risk to the
Government. Major deficiencies have been identified in the proposal which are either not correctable or would
require major revision/rewrite to the proposal, without which the proposal doesn't have a reasonable chance of
becoming technically acceptable.
NO RATING (NEUTRAL) (N)
The quote received provided no information on the Technical Evaluation Factors for this solicitation.
The quote receives no merit or demerit for this factor.
(1) TECHNICAL EVALUATION SUB FACTORS. If the offeror receives an unacceptable rating in any
technical evaluation subfactor, the technical proposal may receive an overall unacceptable rating.
i. PAST PERFORMANCE: A number of past performance references provided by offerors may be selected
and investigated by the Government. Any derogatory past performance information obtained will be presented to the
affected offeror and that offeror will have an opportunity to respond with any mitigating facts. The final determination of
past performance ratings shall rest with the contracting officer.
Past performance shall be evaluated on the basis of the following subfactors of equal importance:
Relevant Experience - Contract Performance for projects of the same and size scope,
Quality Control,
Timeliness of Performance.
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The following guide will be used in determining the past performance rating for each offeror.
RATINGS:
EXCEPTIONAL (E)
Evaluation: Based on the offeror’s performance record, essentially no doubt exists that the offeror will
successfully perform the required effort.
ACCEPTABLE (A)
Evaluation: Based on the offeror’s performance record, some doubt exists that the offeror will successfully
perform the required effort.
MARGINAL (M)
Evaluation: Based on the offeror’s performance record, substantial doubt exists that the offeror will successfully
perform the required effort. Changes to the offeror’s existing processes may be necessary in order to achieve
contract requirements.
UNACCEPTABLE (U)
Evaluation: Based on the offeror’s performance record, extreme doubt exists that the offeror will successfully
perform the required effort.
NO RATING
Evaluation: No past performance is available for evaluation. The offeror has asserted that it has no past
performance directly related or similar past performance experience. Quote receives no merit or demerit for this
factor.
(ii) RELEVANT EXPERIENCE: Relevant experience is defined as experience in performing services as the
same or similar to those in the Statement of Work contained in this solicitation.
RATINGS/DEFINITIONS:
EXCEPTIONAL (E)
Evaluation: Based on the offeror’s experience information, essentially no doubt exists that the offeror has the
appropriate relevant experience to successfully perform the required effort.
ACCEPTABLE (A)
Evaluation: Based on the offeror’s experience information, some doubt exists that the offeror has the appropriate
relevant experience to successfully perform the required effort.
MARGINAL (M)
Evaluation: Based on the offeror’s experience information, substantial doubt exists that the offeror has the
appropriate relevant experience to successfully perform the required effort. Changes to the offeror’s existing
processes may be necessary in order to achieve contract requirements.
UNACCEPTABLE (U)
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Evaluation: Based on the offeror’s performance record, extreme doubt exists that the offeror has the appropriate
relevant experience to successfully perform the required effort.
NO RATING (NEUTRAL)
Evaluation: No relevant experience is provided or available for evaluation. Quote receives no merit or demerit
for this factor.
(iii) CONTRACT MANAGEMENT:
rating for each offeror.
The following guide will be used in determining the contract management
RATINGS:
EXCEPTIONAL (E)
Evaluation: The offeror has proposed a contract management concept which demonstrates superior capacity to
manage all elements of a contract
ACCEPTABLE (A)
Evaluation: The offeror has proposed a contract management concept which demonstrates the capacity to successfully
manage all elements of a contract
MARGINAL (M)
Evaluation: The offeror has proposed a contract management concept which is questionable in demonstrating
the capacity and ability to manage all elements of a contract
UNACCEPTABLE (U)
Evaluation: The offeror has proposed a contract management concept which fails to demonstrate the capacity to
manage all elements of a contract.
(iv) GEOGRAPHIC PROXIMITY: The following guide will be used in determining the rating for each offeror.
ACCEPTABLE (A)
Evaluation: The offeror is physically located within 250 miles of the Uwharrie Ranger District Office in Troy, NC
MARGINAL (M)
Evaluation: The offeror is physically located between 250 and 275 miles of the Uwharrie Ranger District Office in
Troy, NC.
UNACCEPTABLE (U)
Evaluation: The offeror is physically located more than 276 miles of the Uwharrie Ranger District Office in
Troy, NC
PRICE EVALUATION FACTOR
Pricing submitted on the SF18 will be used for the Price Evaluation. The price quote will be evaluated for completeness
and reasonableness. The quote will be evaluated to ensure it covers all requirements of the specifications includes all
pricing information required by the solicitation are completed as required. Moreover, prices must be reasonable in
comparison to estimates, prior prices paid, and other offeror’s price proposals and can be supported by suitable estimating
techniques.
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(f) AWARD WITHOUT DISCUSSIONS. The Contracting Officer will only clarify the offeror’s information; no
discussions are contemplated in accordance with FAR 15.306. Offerors may be given the opportunity to clarify relevance
or adverse past performance to which the offeror has not previously had an opportunity to respond. Clarifications will be
limited exchanges between the Government and offerors that may occur when award without discussions are
contemplated. If discussions are determined to be necessary the procedures described in FAR 15.306 will be used.
THE GOVERNMENT RESERVES THE RIGHT TO AWARD THE RESULTANT CONTRACT TO OTHER
THAN THE LOWEST PRICE OFFERORS.