Amend 01.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

IDAWY Acquisition Service Center 1405 Hollipark Drive

Idaho Falls, ID 83401

AG-02NV-S-09-0015

9B. DATED (SEE ITEM 11)

03/31/2009

FORMCHECKBOX

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FORMCHECKBOX

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended, FORMCHECKBOX is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THE CONTRACT ORDER NO. IN ITEM 10A.

FORMCHECKBOX

FORMCHECKBOX

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

FORMCHECKBOX

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

FORMCHECKBOX

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor FORMCHECKBOX is not, FORMCHECKBOX is required to sign this document and return

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Solicitation No. AG-02NV-S-09-0015, Multi-Trade Facilities Construction, Repair & Remodel (IDIQ) Job Order Contract for Region 4 is amended as follows:

See following pages.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 01

A pre-proposal conference was held April 14, 2009 at 1:00 p.m. at the site. The following questions and answers were discussed at the conference or were submitted outside of the conference.

Attendees:

Name

Organization

Phone Number Judy Martin

IDAWY Acq. Service Center

208-557-5841 Justin Humble

R4 Engineering

801-625-5412 Jim Jewell

C-2 Construction Inc.

208-587-3423 David Manley

Power Services, Inc.

702-877-4300

Kelly Phillips

Dance Design Inc.

208-238-0003

Brent Parrish

LSI/Shipley

801-776-0062

Dave Fourley

Bonneville Builders

801-263-1406

Eddie Lee

E-Corp

801-771-0933

Mike Watkins

John Stalder

Michelle Hendy

Yerba Buena

801-414-1002

Kent McKenzie

Arrowpoint Solutions

801-773-8822

Discussion by F.S. representatives Judy Martin (Contract Specialist) & Justin Humble (Engineering) Forest Service representatives went through the solicitation by Section and addressed the following questions or pointed out areas within the solicitation that potential offerors need to pay particular attention to:

SECTION B

Q: Will the City Cost Index be used by the Forest Service?

A: No, the Location Coefficient within the Schedule of Items replaces the City Cost Index located in the RS Means Cost Book.

Q: What should be included in the Option Year Coefficient?

A: Contractors should include inflation for indirect costs. Increases in direct costs such as materials and equipment costs are accounted for by incorporating the latest version of the RS Means Cost Book at time of renewal.

Q: Will the Davis Bacon Wage Decisions be updated each year?

A: Yes, the wage decisions will be updated at time of renewal of the contract.

Q: B-3 Coefficients, 17. Adjustment Factors to account for small jobs, what is the smallest job size that could be ordered under this contract?

A: In accordance with I- 5 Ordering Limitations, the minimum order amount is $2,000.

Q: B-3 Coefficients, 18. Incidental Tools and Equipment, I understand this to be ladders, hand tools and small power tools, not project specific or typically rented, please advise.

A: Your interpretation is correct.

Q: Attachment “A”: (Allowable/Non Allowed Division Items for Job Order Pricing)

My understanding is that the “Coefficient” is: To compensate the Contractor for all COSTS OF DOING BUSINESS NOT COVERED by the RS Means UPB. This would also include adjustments for the difference in labor cost, mobilization costs, per diem etc. for the different locations. This is understandable, however…015400 Construction Aids, Protection Equipment, Hoists, cranes, scaffolding & platforms, swing staging, equip. mobilization and Construction Equipment; and 015600: Temporary roads, and 015600: Temporary Barriers and Enclosures, and 019309.00 Facility Equipment, Is not allowed/Included in coefficient. These are Direct Job Costs that ARE covered by the RS Means UPB. These costs are project specific and not general costs of doing business. Some jobs will require this effort and some won’t. These cost should be negotiated per job order and not included in the coefficient, because a coefficient for these costs cannot be responsibly determined with any reasonable accuracy. Please advise.

A: Some Division 1 line items covered by the RS Means UPB are restricted. The reason for restricting the use of some Division 1 line items is to expedite the Job Order price proposal approval process by eliminating the need to review, consider, and negotiate Division 1 costs as they pertain to each project. Many of the items listed in Division 1 are included in the unit prices listed in the other divisions. Division 1 line items are often times overlooked by both the Government and Contractors when estimating Job Orders; therefore, costs for Division 1 items are not considered. The Government recognizes that costs will vary by project; however, the use of the restricted Division 1 line items will not be significant in this contract so the Government expects a reasonable average of these costs to be included in the coefficient. In the event that Division 1 restricted line item costs are significant in an individual Job Order, then the Contracting Officer has the authority to negotiate the addition of the restricted line item for that particular Job Order if it is in the best interest of the Government to do so.

Q: Attachment “A”: 012163.00 Taxes Not allowed in coefficient, because Sales Tax is Exempt. Will the Contractor be exempt from sales tax under this contract?

A: The contractor is not exempt from paying state sales taxes on the purchase of materials for federal contracts; therefore, this cost must be included in your coefficient as an indirect cost to the Government. Sales taxes are considered the “Cost of Doing Business” to the Government may not be charged as a direct cost to the Government. Attachment A states Sales Tax Exempt, because the Government is Tax Exempt.

F.S. representatives indicated that offerors may submit a proposed cost for one or more Geographic Zones and it is the intent of the Government to award three contracts, one for each Geographic Zone. It was pointed out that there are items under B-2 that are a Flat Fee and should not be included in the development of the coefficient. Potential contractors were directed to review Attachment A for Allowable/Non-allowed Division I Items for Job Order Pricing.

SECTION C-E

No Questions

SECTION F

F.S. representatives pointed out that Liquidated Damages may be specified in the individual Job Orders and that the rate would be determined in the Job Order.

SECTION G

No Questions

SECTION H

F.S. representatives went thru the Job Order Request process and what needs to be submitted by the Contractor for each request. It was pointed out that a site superintendent needs to be on site at all times while work is in progress. Offerors need to read H-6 Award of Job Orders carefully, contractors are bound to accept Job Orders within the ordering limitations defined in the ordering clauses provided the Job Order is in compliance with the contracts scope and intent. The F.S. representatives pointed out that performance evaluations will be completed for each Job Order and that performance may affect the placement of future Job Orders and whether the Government decides to exercise the option years. It was pointed out that under H-10 Program Management Interface, it is required that the employee performing cost estimating needs to attend and pass an RS means Unit Price Estimating Seminar within 2 months of award of the contract.

Q: Will a SF1413 Statement and Acknowledgement form need to be submitted for each subcontractor with our proposal?

A: No, the SF-1413 would need to be submitted at time of award of an individual Job Order for the subcontractor’s on that particular Job Order.

Q: Is the Project Manager the only key personnel required for this contract in accordance with H- 9 Key Personnel clause? Section L-4 Factor 1 Project Management Capability asks for information on key personnel including quality control manager, project estimates, etc.? If not, please clarify which additional personnel should be included with this RFP?

A: The requirements in Section L are for evaluation purposes. The Government wants to know what personnel your firm views as key to the success of this contract and what their qualifications and experience is. The Government will evaluate key personnel qualifications and experience based on breadth, depth, and relevance to the work that will be required under the prospective contract. This factor will be evaluated for the extent of personnel qualifications and experience with respect to the functions they are proposed to manage. Demonstrated performance of the proposed key personnel will be evaluated to determine their ability to successfully perform the Work Statement relevant to their proposed positions based on the submitted resumes and reference checks. The clause in Section H- 9 Key Personnel, lets the contractor know that before you are going to substitute or change the Project Manager you need to notifiy the Government so that we may approve the replacement individual.

SECTION I, J, & K

F.S. representatives reminded potential offerors to review all clauses and to note that the American Recovery & Reinvestment Act clauses were included in the solicitation and to please review the clauses carefully.

SECTION L

Q: Does the Government want three volumes, or two volumes with all items identified in L-4(4)(i) included as part of the business volume?

A: Two volumes will suffice as long as the technical proposal is in a separate volume from the business proposal.

Q: Would you consider eliminating the requirement set forth in Section L, Factor 3(b) and rely instead on the language set forth in Section I-14, Performance and Payment Bonds?

A: The Government will not eliminate the requirement set forth in Section L, Factor 3(b). The requirement in Section L, Factor 3(b) is to show the Government that you have the aggregate capacity to bond all Job Orders that fall within the requirements of I-14, Performance and Payment Bonds and the attached clause 52.228-13 Alternative Payment Protections. Job Orders between $30,000 and $100,000 will require a payment bond and Job Orders greater than $100,000 will require a performance and payment bond. The Government anticipates that most Job Orders will require some form of bonding. H-6 Award of Job Orders, contractors are bound to accept Job Orders within the ordering limitations defined in the ordering clauses provided the Job Order is in compliance with the contracts scope and intent; therefore, the contractor must have the capability of bonding up to the value of work anticipated per year ($5,000,000).

Q: For L-9 FAR 52.222-23 Notice of Requirement of Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) can you please identify which percentages apply to which trade? And for what area?

A: Goals are determined by the Director, OFCCP, and are issued pursuant to 41 CFR 60-4.6 by geographic area. They are expressed as a percentage of the hours worked by the contractor's aggregate workforce in each trade on all construction work performed in the geographic area, regardless whether the work is Federal, federally assisted or non-federal.

a. Goals for Women: The current goal for the utilization of women is 6.9% of work hours and applies to all of a contractor's construction sites regardless of where the Federal or federally assisted contract is being performed. This goal was originally published in the Federal Register of April 7, 1978, 43 FR 14899, 14900, as Appendix A. Pursuant to a Notice published in the Federal Register of December 30, 1980, 45 FR 85750, 85751, the 6.9% goal was extended indefinitely. The Federal Register which identifies the percentages by geographic area may be found on the Department of Labor website www.wdol.gov, click on Library, and click on OFCCP Construction Industry Goals for Minority and Female Participation.

b. Minority Group Goals: Current goals for the utilization of minorities were published in the Federal Register of October 3, 1980, 45 FR 65979, 65984, as Appendix B-80. Minority goals are formulated in terms of work hours performed in a specific Standard Metropolitan Statistical Area (SMSA) or Economic Area (EA). The Federal Register which identifies the percentages by geographic area may be found on the Department of Labor website www.wdol.gov, click on Library, and click on OFCCP Construction Industry Goals for Minority and Female Participation.

Q: Do you anticipate holding discussions?

A: Discussions may be conducted if the Government determines that it is necessary to do so. It will depend on the proposals that are received and whether setting a competitive range will be necessary to

Q: Are there any page limitations on the proposals?

A: No

Add the following clause to Section I – Contract Clauses FAR 52.228-13 Alternative Payment Protections (JUL 2000

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

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(3) Money orders, drafts, cashier’s checks, or certified checks.

(b) The amount of the payment protection shall be 100 percent of the contract price.

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

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

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

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