AG-0356-S-10-0033-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 4

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

9/14/2010

4. REQUISITION/PURCHASE REQ. NO

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 0398 7. ADMINISTERED BY (IF OTHER THAN ITEM 6) CODE

USDA FOREST SERVICE

EAST SIDE ACQUISITION TEAM

1820 MEADOWLARK LANE

BUTTE, MT 59701

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State, and Zip Code)

9A. AMENDMENT OF SOLICITATION NO.

AG-0356-S-10-0033

9B. DATED (SEE ITEM 11) 8/16/2010

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE:

FACILITY CODE:

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered, solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended 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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify Authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

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).

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is NOT is required to sign this document and return copies to the issuing office.

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

a. The purpose of this Amendment is to incorporate the attached Questions and Answers and Site Visit Attendance Sheet into solicitation AG-0356-S-10-0033 and extend the Request for Proposals date from 14 Sept 2010 to 17 Sept 2010 (Proposals are still due by 1400 local time).

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.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

DANIEL T. MCGEE

15B. CONTRACTOR/OFFEROR 15C. DATE

SIGNED

16B. UNITED STATES OF AMERICA

16C. DATE

SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

Previous Edition Unusable Prescribed by GSA FAR (48 CFR) 53.243

Beal Mountain Mine Heap Leach Design/Build Questions & Answers

1. Please add a requirement that vehicle access will need to be maintained during all construction activities to the Reverse Osmosis (RO) building north of the site. The RO plant operator needs access during the entire construction period, 24 hours a day, 7 days a week. Short term delays (hour or less) are acceptable but the RO plant operator must be able to get to the building and have vehicle access to deliver chemicals, parts, supplies, tools etc. to maintain the plant or to repair the plant if the plant shuts down.

A: This requirement will be added to the contract.

2. Please clarify the basis of the bid. Item 2 of the Solicitation, Offer and Award lists this as Negotiated;

however, page 41 states this is a Firm Fixed Price contract and a bid bond is required for the total cost.

A: This is a negotiated Request for Proposal that will result in a Firm Fixed Price award. A bid bond is required with your proposal, but this is not a sealed bid.

3. Page 5 Task 3 Item 6 and other places in the RFP indicate that the USFS will be commenting on the conceptual design and have input on the final design. How will changes requested by the USFS that increase our costs be addressed with a Firm Fixed Price award? Are you looking for fixed unit rates but estimated volumes and total costs or a complete Firm Fixed Price?

A: Review costs need to be planned into your Firm Fixed Price Proposal. Unit rates should be fixed with estimated volumes in your total cost. Firm Fixed Price contracts can be modified if additional unforeseen costs are justified.

4. FAR 52.236-22 Design Within Funding Limitations (APR 1984) on Page 9 and 10 of the RFP includes language that appears to be more in line with a design contract and does not seem to apply to a design/build project. This language implies a separate construction bidding process, which is not part of this process. Please clarify the intent of this section.

A: This clause applies to Design-Build Projects and simply means that this projects needs to be designed and constructed within the budget the FS has provided the “short listed contractors”. A contractor cannot assume additional money will be available so they need to design a project that can be constructed within budget which may mean adding or deleting items but still accomplish the goals of the project.

5. Page 2 and Page 40 have two different requirements for the number of proposal copies to be submitted (three or four). Please clarify. Also, should the technical and cost proposals be sealed separately or just packaged separately in a single sealed envelope?

A: Both Page 1 and Pg 40 state four (4) copies of the Proposal are to be provided. Pg 40 states “Original and 3 copies” which equals four (4) total.

Four clearly designated Technical and Price/Cost Proposals can be sent in a single sealed envelope to the Contracting Officer at:

Beaverhead-Deerlodge National Forest

East Side Acquisition Team ATTN: Daniel McGee 1820 Meadowlark Lane Butte, MT. 59701

6. Is a summary of the walkthrough available?

A. No – since all questions discussed at the site visit needed to be submitted in writing no later than 7 Sept 10.

7. Would the design scope of work not be included in the “bonded work” of the performance bond?

A: The full project dollar amount has to be covered under both the Payment and Performance Bonds, which includes the design scope of work. Even though the majority of the dollar value of the contract is for construction both the Payment and Performance Bonds need to be all inclusive of the entire Design-Build contract.

8. During the site walk it was mentioned that we would have access to the drawing file of the existing topography. When will that be uploaded? Also, could we have the drawing file for Figure 3 from the Preliminary Leach Pad Investigation Report?

A: Provided on 30 Aug 10 to both “short listed” Contractors electronically

9. The RFP does not appear to address re-vegetation of disturbed areas. Should we assume that disturbed areas need to be re-vegetated under the scope for this contract?

A. Yes all disturbed areas will need to be restored and revegetated.

10. Is it possible to gain access to the site for a second review, prior to the proposals being due?

A: Yes, additional access can be coordinated with Mary Beth Marks

11. Page 40 of the Leach Pad Investigation Report states that, "In addition, the fact that the 2006 repair of the surface water diversion ditch constructed on the leach pad cover (Figure 3) resulted in a decrease in the volume of water accumulating on the leach pad in subsequent years is further evidence that the process described above for reintroducing water to the leach pad operated in the past and almost certainly continues to operate today." Was there a comparison of this data to annual precipitation trends, and is this analysis available?

A: We are not aware of a detailed analysis, but Figures 21, 22 and 23 in the EE/CA provides graph with leach pad solution volume and leach pad solution volume change relative to monthly precipitation.

12. Can we get the auto cad version of the appropriate drawings so we can perform our own take-offs?

A: Provided on 30 Aug 10 to both “short listed” Contractors electronically

13. We’d like to ask for a one week extension to the bid due date or at least to the 17th.

A: The extension to the RFP submittal date is approved. Please submit your proposals by Friday 17

Sept 2010.

Site Visit Attendance Sheet

Request for Proposal (RFP)

Project Title: Beal Mountain Mine Heap Leach Design-Build Project

Date: 23 August 2010

Name Title Business Telephone E-mail Al Brule Project Director Envirocon 406-544-4687 abrule@envirocon.com Kurt Wieriuga Project Mgr Envirocon 406-544-0212 kwieriuga@envirocon.com Patrick Redmond Engineer Piedmont Engineering 406-388-8578 piedengineering@questoffice.com Kevin Bethke Project Eng - Principal TREC 406-586-8364 kbethke@treccorp.com Zack Graham Project Engineer TREC 406-586-8364 zgraham@treccorp.com Joe Jordan President Jordan Contracting 406-691-1026 Jci1@jordancontracting.com Jerry Jordan Superintendent Jordan Contracting 406-691-1067 jci3@jordancontracting.com Bob Wintergerst Environmental Engineer Forest Service 406-329-3036 rwintergerst@fs.fed.us Mary Beth Marks COR Forest Service 406-579-3730 mmarks@fs.fed.us Kirk Miller Project Mgr Tetra Tech 406-461-0234 kirk.miller@tetratech.com Mike Hatten Project Engineer Tetra Tech 406-443-5210 michael.hatten@tetratech.com Dan McGee Contracting Officer Forest Service 406-494-0208 danielmcgee@fs.fed.us mailto:abrule@envirocon.com� mailto:kwieriuga@envirocon.com� mailto:piedengineering@questoffice.com� mailto:kbethke@treccorp.com� mailto:zgraham@treccorp.com� mailto:Jci1@jordancontracting.com� mailto:jci3@jordancontracting.com� mailto:rwintergerst@fs.fed.us� mailto:mmarks@fs.fed.us� mailto:kirk.miller@tetratech.com� mailto:michael.hatten@tetratech.com� mailto:danielmcgee@fs.fed.us�