Amend 01.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

IDAWY Acquisition Service Center 1405 Hollipark Drive

Idaho Falls, ID 83401

AG-02NV-S-09-0016

9B. DATED (SEE ITEM 11)

06/12/2009

FORMCHECKBOX

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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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.

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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).

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

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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-09-0016, Road and Bridge Maintenance and Construction (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 June 25, 2009 at 1:00 p.m. at the Regional Office in Ogden, Utah. 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 Amelia Velasco

IDAWY Acq. Service Center

208-557-

John Stevenson

Kesler Construction Inc.

208-271-6336

Rod Kesler

Kesler Construction Inc.

208-941-9081

Jeff Tupper

TupCo Inc.

208-624-3829

Tom Archibald

TupCo Inc.

208-624-3829

Lee Barrus

Yerba Buena

301-244-3321

Bart Andersen

CTI Construction

801-334-7250

Scott Mecham

Mecham Brothers Inc.

801-985-1115

Scott Wheeler

Pacific West

801-972-2727

Sterling Stoddard

NWB Technology

435-830-2638

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: Can we get a copy of the RS means UPB through a website?

A: Yes, the website address is found in the solicitation under B- 5 Pricing Structure for Job Orders, Page 9 of 80.

Q: Is a hardship clause included in the solicitation?

A: No, there is not an Economic Price Adjustment clause included in the solicitation. The offeror will have to account for price fluctuation in their coefficient. The Forest Service UPB and the RS Means UPB will not be updated each year, so offerors need to account for inflation in materials, fuel, etc. in the coefficients offered.

Q: How will we account for fuel adjustments?

A: The solicitation does not contain a price escalation clause for fuel, so an offeror will need to include the cost of inflation for fuel in their coefficient offered for the option years.

Q: Is that the same for asphalt?

A: Yes, any increase in the cost of asphalt will need to be accounted for in your option year coefficienst.

Q: Is everything bid from the base year?

A: Option year coefficients shall multiply the base year coefficients and shall not be applied consecutively. No option year coefficient will be applied on the base year. See example below:

The total cost for each item of work within a Job Order will be calculated as follows:

Quantity of Item x Unit Price (from the Standard FSCC Unit Price Book) x Primary Job Order Coefficient (Zone 1, 2, or 3) x Non-Standard Hours Coefficient (if applicable) x Location Coefficient x Option-Year Coefficient (if applicable)

Total Price of Item

Q: Is there a percentage difference between the RS Means UPB and the Forest Service UPB as far as anticipated use by the Forest Service?

A: Most road job orders are anticipated to be awarded using the primary FSCC unit price book. The RS means developed unit costs should be less than 25% of the job orders. The intent is to not mix line items from the different UPB’s except for specialty items.

Q: What does the RS Means UPB cover that the Forest Service UPB does not?

A: The RS means unit price book contains thousands of line items which are unnecessary for work items defined using the primary job order coefficient, the standard FSCC unit price book, and the Forest Service Specifications. Many items of work may be incidental to a single FSCC unit price line item which are identified in the FS Specifications. Separate coefficient are offered for standard FS job orders (Primary Coefficient) versus RS Means job orders (Secondary Coefficient), which will allow the contractor to account for the decreased line item flexibility on most job orders.

Q: Are the rental rates for equipment from the blue book and should rental rates be added into our proposal?

A: Certain non-pre priced tasks may be awarded according to time and equipment rates listed in the Rental Rate Blue Book. Most job orders will be pre-priced according to the unit price book and applicable coefficients. Time + Materials + Equipment rates are not applicable to any pre-priced work.

Q: Do Blue Book rates need to be factored into the contractor’s coefficient?

A: No. Time and equipment work items may be determined using the Rental Rate Blue Book, and are considered under the category of non pre-priced work. Coefficients shall not be applied to non pre-priced work. Most items of work will be determined under either the primary or secondary Unit Price Books. It will be at the discretion of the government and not the contractor to determine whether an item must be paid as a non pre-priced Time + Equipment + Materials item.

Q: Can we bid on just one zone?

A: Yes, offerors may submit a proposed cost for one or more Geographic Zones and it is anticipated that the Government will award three contracts, one for each Geographic Zone, but will depend on what is in the best interest of the Government considering price and other factors.

Q: Can we submit a proposal on part of a zone?

A: No, offerors are to propose on all locations within a Zone.

F.S. representatives directed potential offerors to review Attachment A for Allowable/Non-allowed Division I Items for Job Order Pricing.

SECTION C-E

No Questions

SECTION F

Q: Is the year measured by Forest Service fiscal years?

A: The Base year will go from date of award to June 30, 2010. Section F shows the start and ending dates for each option year.

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.

SECTION I, J, & K

Q: Why didn’t the F.S. fill out Attachment D for the Sample Task?

A: Attachment D is just a sample of what a Job Order Proposal Request may look like, but this form may not be used in the actual contract.

Q: Is there a bond requirement for each Job Order?

A: Yes, each Job Order over $100,000 will require a Payment and Performance Bond, and each Job Order between $30,000 and $100,000 wil require a payment protection. Offerors will be required to have a $5 million aggregate bonding capacity.

Q: Will we be held to the FP spec where other aggregate materials are available?

A: The contract specifications are the FP-03 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects including all of the Forest Service supplements included within the solicitation. Individual Job Orders may include additional Special Project Specifications. For example: a state DOT approved aggregate specification might be substituted for the FP specification.

Q: May haul item numbers 800 contained in the FS UPB be applied to concrete line items?

A: The concrete items in sections 500 and 550 of the FSCC Unit Price Book reflect all costs for the placement of concrete including haul. Haul line items 801.1, 801.2, or 801.3 may only be applied to Earthwork, Aggregate, or Asphalt.

Q: Should we base all items on a pit that was developed rather than commercial?

A: The source for aggregate is assumed to be a commercial source. Pit development is not included within the FSCC, nor the RS Means Unit price book, so it would need to be negotiated as a non pre-priced item. I don’t anticipate this being an issue because the maximum for a task order is $500,000, so there would be no major crushing.

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: What is the cut off date for questions?

A: July 7, 2009 is the cut off for questions so that the Government has time to post the questions to FedBizOpps before proposals are due.

Q: How much of the proposal weight will be based on the cost?

A: This is addressed in Section M as to how you will be evaluated and what is considered more important. Technical is more important; however, as the difference between technical proposals decreases, cost may become more influential in the final selection.

Q: How are we to do reporting on the HUBZone subcontractors?

A: A formal Subcontract Plan is not required in this solicitation. The Government will track the use of HubZone Subcontractors by payrolls that are submitted. If a Job Order is placed using Recovery Act Funds then you will be required to follow the reporting requirements contained in the contract clause.

Q: Sample Task A, what is the distance from the commercial source?

A: Distance is at the offerors discretion.

Q: Sample Task A, what is the quantity for the under-drain system?

A:Quantity is at the offerors discretion.

Q: How long after the proposal due date do you anticipate award to be made? Will it be this fiscal year?

A: Because of the estimated dollar value, our source selection decision is required to be reviewed and approved by the Washington Office, the anticipated award date will be sometime in September.

Q: If we do not have a copy of the Rental Blue Book, which costs $800 to obtain, may we use the RS Means UPB for estimating Time & Materials Task on the Sample Task for evaluation purposes?

A: Yes, an offeror may use the RS Means UPB if they do not currently have a copy of the Rental Blue Book when estimating the Time & Materials Sample Task for evaluation purposes. Offeror should note on the proposal which book you are using and why.