Amendment 1.doc

AG-0489-S-10-0345, Amendment #1 Page 2 of 12

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1 12

2 AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

April 29, 2010

4. REQUISITION/PUCHASE REQ. NO.

361902

5. PROJECT NO.(IF APPLICABLE)

6. ISSUE BY CODE

7.ADMINISTERED BY (if other than item 6) CODE

Wallowa-Whitman National Forest PO Box 907, 1550 Dewey Avenue Baker City, OR 97814

8.NAME AND ADDRESS OF CONTRACTOR(No., street, county, State and ZIP Code)

9A.Amend Solicitation. AG-0489-S-10-0345

9B.Dated 04/12/2010

10A.Mod Contract/Order #

10B.Dated (see Item 13)

11. THIS ITEM APPLIES ONLY TO AMENDMENT OF SOLICITATION

[X] The above numbered solicitation is amended as set forth in the item 14. The hour and date specified for receipt of Offers [X] is extended [ ] is not extended. Offerors 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 ACKNOWLEDGEMENT 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 telegam 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 MODIFICATION OF CONTRACTS/ORDERS.

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

A. This change order is issued pursuant to; (specifiy authority)

The changes set forth in item 14 are made in the Contract/Order # 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 _ Original to the issuing office.:

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible) RECOVERY Elkhorn Drive, Anthony Lake Road 73 Reconstruction project

1. The date set for receipt of offers has been extended to May 14, 2010 at 4:30 PM PDT.

2. All requirements for seeding are no longer included in this solicitation and resulting contract. Use attached revised Schedule of Items.

3. Pre-proposal Minutes that were taken at the pre-proposal meeting held April 21, 2010 are attached and become a part of any resultant contract.

4. Pre-proposal Minutes Changes and Clarifications are attached and become a part of any resultant contract.

5. The Earthwork Report and the Cross Sections for portions of the project are provided for informational purposes.

6. Insert FAR 52.215-2, full text, as attached.

7. Insert the following clause in lieu of FAR 52.222-8, Payrolls and Basic Records

8. Delete L-2. Technical Proposal Instructions, General and insert the attached L-2. 452.215-71 Instructions for the Preparation of Technical and Business Proposals. (SEP 1999)

9. Delete M-1. Evaluation Factors and insert the attached M-1. Evaluation Factors.

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

15A.NAME AND TITLE OF SIGNER (Type or print)

16A.NAME AND TITLE OF CONTRACTING OFFICER

Contracting Officer

15B.CONTRACTOR/OFFEROR

By ______________________________ (Signature of person authorized to sign)

By /s/Marianne K. Klingler (Signature of Contracting Officer)

16C.DATE SIGNED

04/29/2010

Standard Form 30 Prescribed by GSA FAR (48CFR) 53.243

AG-0489-S-10-0345

Revised Schedule of Items 4/29/10

SCHEDULE OF ITEMS

Elkhorn Drive Re-Const. 73

Base Items

LS

Mi

Mi

Mi

LF

LS

Mi

LS

EA

EA

CY

EA

EA

LS

SY

SY

SY

SY

MI

SY

MI

Ton

CY

Ton

LS

Ton

LF

EA

Yellow with Black, Sheeting Overlay Film

EA

EA

LF

LF

LS

EA

LS

TOTAL BASE ITEMS

Schedule of Items

Elkhorn Drive Re-const. 73

Optional Items

(Sta. 465+85-477+05 Sub-excavation Road 73)

(Sta. 465+85-477+05 Road 73)

(Areas vary along Road 73) 21,000

LF

(Areas vary along Road 73)

CY

(Outlet Apron, locations vary along Road 73)

SY

(Sta. 465+85-477+05 Road 73, and Anthony Lakes Ski Run & Grande Ronde Snow Park Parking lots)

(Sta. 465+85-477+05 Road 73, Anthony Lakes Ski Run & Grande Ronde Snow Park Parking lots and Sta. 480+00-485+00 Lt &Rt 30’ Shoulder Parking) 2,800

Ton

Yellow with Black, Sheeting Overlay Film

( Locations vary along Road 73)

EA

TOTAL OPTIONAL ITEMS

TOTAL BASE AND OPTIONAL ITEMS

Pre-Proposal Meeting Minutes

PRE-PROPOSAL MEETING NOTES

1. Attendees:

Forest Service – Marianne Klingler, Jane Stuessy, Randy Strohm, Dana Taylor, Brett Yaw, and Judy Wing.

Other – Bill Randall (Reliance Connects), Dean Adcoch and Isaac Smith (D&L Excavating), Bill Junnila (Anthony Lakes Ski Resort), Jess Fitzhugh (Tidewater Cont.), John Royce (Royce Excavation), David Huber and Michael Hampton (Hampton Paving), Thomas W. Wright (Laskey-Clifton, Inc.), Cory Bell and Jim Queener (Granite Northwest), Jim Berry (Iron Triangle, LLC), Bob Summerfield (Rod Anderson Construction), Mike Tooley (High Desert Aggregate & Paving), and Kevin Hampton (Rogers Asphalt).

2. The meeting was held at Anthony Lakes Ski Resort. Jane Stuessy, Contract Specialist for this project began the meeting. An amendment with changes and documentation from this meeting will be issued early next week. Jane asked the attendees if anyone had problems downloading documents from FedBizOpps. No one voiced any problems.

3. Government Estimate is between $1,000,000 and $5,000,000. An offer guarantee and performance and payment bonds are required. Davis Bacon Act applies to this contract. Work is estimated to begin approximately 6/15/2010. All work must be completed by 9/30/2011.

4. Read the technical proposal instruction in Section L. Provision L.2, page 34: The Forest Service wants to see your list of similar projects and explain how you plan to utilize local workforce. “Local” is defined in the provision. An offeror’s plan to utilize local workforce will be incorporated into any resultant contract. Submit offers to the Baker City Office as shown on page 1 of the solicitation. When the Forest Service evaluates the offers, Relevant Past Performance is twice as important as the Locality factor. All technical factors when combined are approximately equal to price. Highest rating for relevant past performance will be given to firms who performed similar road construction work over the past three years and received high level of business relations and cost control. Highest rating for the locality factor will be given to firms who fully utilize workforce and supplies from the local area. The Forest Service plans to make changes relating to the evaluation factors in the amendment. These changes will require the offeror’s attention as they will require discussion regarding “Technical Approach”.

5. Randy Strohm, COR, led the discussion on the technical specifications.

6. Page 14-15, Clause H-8: Road maintenance is required, but it is not a separately priced line item. It is considered incidental to other work. Randy read the following, “Contractor shall preserve and maintain the road asphalt surface to safely accommodate public traffic during the life of the contract. In addition, the Contractor shall preserve and maintain the road asphalt surface for snow plowing operations during winter months. The road surface must be in a smooth condition to safely facilitate public traffic. Depending on the Contractor’s operations the road surface may require temporary asphalt patching and chip sealing at no cost to the Government.” There are bridge limitations on Road 7312 – 10,000 lbs maximum. There are two limited strength bridges on this road. The Dutch Creek pit is located adjacent to this road, on Road 7312400. This source has a small stockpile (~500 cy) that Contractor may use to do some spot surfacing or for culvert bedding material. The haul route would most likely, due to load ratings, be from the pit to road 4330 then out to Union County Road 102. Empty trucks may be able to utilize road 7312 for the return route with some retrofitting of the bridges. If road 7312 is proposed for haul, this should be submitted as an Alternate Proposal, and plans for retrofitting the two bridges would need to be designed by a professional engineer and must be approved by the Forest Service. Both roads are narrow roads with turnouts. Contractor’s traffic control plan will to be well thought out to control traffic on these roads.

7. Asphalt is proposed to be obtained from a commercial source. Hanley’s pit is a quarry; contractor would need to bring in a batch plant. Tom Hanley, property owner of this quarry, is in the phone book. Contractors may go to any commercial source for asphalt. Hanley’s source is close to the project and has been shown to be capable of providing asphalt aggregate. Dutch Creek pit is adequate – if offerors plan to use it, include it in the technical proposal. There isn’t a lot of room at Dutch pit. Contractors would have to haul the long way out of the pit due to bridge load limitations.

Government estimates about 500 yards in stockpile on Road 4330. This is to be used for road maintenance.

8. Traffic Control Plan – Drawings Sheet 19 of 21 is applicable for the bench maintenance and construction sections, only. Flagging and barriers are required at both ends of work. Temporary Traffic Control Notes #5 states Contractor may submit an alternate traffic control plan for these areas, as specified in Section 156. This sheet states a one-mile maximum work area. Clearing, excavation, and chip seal work activities may exceed the one-mile limit, but you must have flaggers at both ends. Is pilot car required? That should be included in your technical proposal so we can evaluate this against your price. Contractor must comply with Manual of Uniform Traffic Control Devices and all federal, state, and local regulations. Section H and Section 156 require a traffic control plan for other than bench work areas to be submitted with 10 days for approval by the Forest Service. Flaggers, pilot cars and all signing or other proposed traffic control requirements should be addressed in this plan.

9. 30-36 inch boulders for the mini retaining wall will come from the excavation and the bench and slope scaling operations. Boulders are not planned to come from the Dutch Creek Pit.

10. Pioneering roads will not be required for scaling operations. Sheet 10 of the drawings states, “Maximum 35’ vertical height, Areas identified by COR”. With the excavator setting on the existing roadbed pavement, what the excavator bucket can reach is acceptable; contractor shall provide an excavator that has the capability to reach 35’ vertical height.

11. Constructing new bench at Baker Valley View will required a pioneer road. (213+40: Existing benched section, cut is higher than can be reached.) Existing pioneer road may be utilized for existing bench. Scaling areas are identified in the drawing.)

12. Slope Scaling (Pay Item 20417) – estimate 2800 yards, actual quantity (AQ) is for the entire project. This item will be measured in the truck. The COR will make judgment call to determine weight.

13. Waste areas for excavation, by priority: 1. Enlarging ski area parking lot; 2. Grande Ronde Snow Park; and 3. the old borrow pit near the junction with Road 7300140. There is not much clearing required in waste area #3. The tree removal in these waste areas is NOT part of the individual tree removal. It will be included in Item 20105.

14. Drawing Page 6 of 21: Top right corner, 20153 estimated 200, each, individual tree removal, to be designated by the CO: Tops and limbs must be scattered. Boles shall be placed so they will not roll. In the benched sections individual trees shall be skidded and decked at stations 202+90 and 208+90 for new bench construction and 209+00 and 213+00 for existing bench. We don’t want it to look like a total de-vegetation. The contractor shall not tear up the slope. There is no Government estimate of the number of trees to be decked.

15. Page 4 of 21, 20103: Ensure offerors read remarks. The drawings show clearing limits on Page 6 of 21 in the typical, one foot beyond slope transition. No flayer that results in stobs sticking out of the bole will be allowed. Specification is to cut and chip.

16. 20105: Lump Sum, Parking expansions and near junction of Road 140 shall be paid as lump sum.

17. 20153: Each, 200 trees – Note says they are designated by CO. Tops/limbs scattered above cut. Logs shall be left in a position so they will not roll. In benched sections logs shall be decked at the designated stations. Individual trees to be removed are behind the clearing limits. Trees within the clearing limits are not paid individually, they are paid under clearing and grubbing.

18. Question – How do we guess the top of the slope for preparing offer? Highest point will be approximately 50 horizontal feet from the top of the cut.

19. The 35 foot requirement is only for scaling material off the slopes. 20401 is 12,315 cubic yards and this is a contract quantity. The Government will provide cross sections for the bench at the Baker Valley View. Contractor can pioneer road on this bench. Bench fits just above the bulge that you can see. Less than 20% grade to get up there.

Cleaning bench? Yes. Bench down to road? Yes and this is part of slope scaling. Basically plucking the worst boulders out of there and leaving as much vegetation as possible. Bench cleaning and scaling are in the same sections.

20. Load limits on Road 73 have a legal limits restriction. Contractor shall maintain road throughout contract period. If project will run into 2011, Contractor shall leave the road surfaced to allow snow plowing. It shall be kept in a state no worse than it is now.

21. The existing pioneer road can be cleaned up and then used for existing bench section.

22. The Government anticipates award by 6/1 because we are using American Recovery & Reinvestment Act funds. Safety will be emphasized and Department of labor may visit site. This road is a scenic byway, high profile. Dignitaries may come out to work activities.

23. Anthony Lakes Resort personnel work at the lodge Monday thru Friday from 8-5. There will be activities at the resort – a bow shoot in July and possibly some weddings.

24. Traffic Control Plan allows for one-hour delays. This time might need to be extended that for pipe installation. A suggestion was made to require steel sheets to allow emergency vehicles to get through. A maximum of one hour delays will be allowed, unless otherwise agreed to in writing by the CO.

25. Water source – Antone Creek Page 2 of 21 at station 23+15. Two more sources are shown on Page 2 of the drawings and in the summary of work.

26. No fiber optics at this time. They will be installing them soon. They will start at the lodge and travel down to the 2nd crossing of Antone Creek. D&L Construction will be doing this work for Reliance Connects. They plan to complete their work by September. They will be installing conduit for future power to the area. The will be putting in 12 pair cable.

27. Does Contractor need to plow snow over the winter? No, contractor shall leave the road with a hardened surface so that snow plowing operations can occur with a minimum of damage to the road.

28. Commercial camping is not allowed in campgrounds. Contractor may use dispersed areas and shall be required to get a permit.

29. Waterlines are listed on the drawings. Facilities engineer and Locator will come out and FS will verify those locations when weather permits.

30. This concluded the meeting portion. Contractors are advised to address further questions to Jane at jstuessy@fs.fed.us or Randy at rstrohm@fs.fed.us.

31. Field visits:

a. Disposal Areas are listed in order of priority of use (1-3). Parking Lot: Deck trees. Clearing limits have pink flagging attached. It is about 50 feet back. Total length of this segment is approximately 450 feet. There is a Nordic trail in this area. Government will flag this area. Small trees shall be chipped and spread on fill slopes to a maximum depth of 6”. Merchantable material is 5” top and 8’ log. COR will designate an area to stockpile chips waiting to apply them to the fill slope.

b. Grande Ronde Snow Park – Full length clearing, about 450 feet. You can see where the slope breaks. Stations run up the road. Deck logs and Government will sell them. The contractor should compact as they come up, layer placement, and fill over undisturbed stumps. The meeting participants did not stop at the third site which is at the junction with Road 140.

c. Blind Drain Station 401+43 – Curb shall be ground with the other pavement on the road. It looks like concrete, but it is asphalt. Curb was originally installed to keep water from going over and destroying the fill slope. Looked at the scaling – tickle the slope to 35’ reach. Leave it rough, get the loose stuff. 2800 yards estimated over the whole project. Ditch armor replacement is similar to what you see here. Two hundred individual trees are estimated for removal – Forest Service is not expecting jacks to swing trees, an experienced faller using wedges and a saw. Preserve the vegetation. Chipper capable of chipping limbs and small diameter material will be acceptable. The participants discussed culvert cleaning – 82 each. FS wants to see daylight looking through. Some are plugged all the way and others are only plugged part of the way. Loose pea gravel needs to bladed off and aggregate put in. Need to meet utilization standards (5’ top, 8’ log). Trees shall be flush cut and removed per drawing. You cannot pull the trees out using machinery. A tub grinder could be used if you can create chip size material, no wood fiber strings. Spray chips on slope to a maximum depth of 6”. If 6” depth is achieved, the Government will designate a disposal site.

d. Contractor will be able to access bench from original starting point. Clean bench and haul to disposal site. When on bench, do scaling. Government will tell you what to remove at a minimum. Contractor may build access to upper end of bench. A tally will be kept for each load that goes out. Cleaning and scaling are paid separately. Big rocks shall be rendered down and removed. While clearing bench and big rocks start to fall, will contractor need to keep them separated? Yes. There is a significant difference in price for scaling vs. bench cleaning. It was decided that scaling would be performed on the bottom slope, then the scaling on the upper slope would be incidental to bench cleaning. Contractor shall not throw rocks over the bank because other material will likely come down. Contractor shall be required to protect vegetation. The road in this section -- Segment A is BST – maintain, it will be chip sealed. Segment A (chip seal) goes to Little Alps road.

e. The new bench was discussed. Daylight bench will be just above root wad that is visible on slope. All western larch trees are part of clearing. Contractor may come in from either side to bench with pioneer road, 1-1/4 to 1 cut slope. Vertical reach won’t be 35’ if machine is set on the pavement. Protect asphalt, Contractor may fill ditch if desired and then repair.

Pre-Proposal Minutes Clarifications, and Changes

1. There were several times during the pre-proposal meeting where scaling operations and bench maintenance and construction was discussed. The minutes showed a conflict with scaling operations and bench work. Scaling operations that will occur in the bench areas are not paid under 20417 Slope Scaling but is incidental to Roadway Excavation, 20401 where the bench work is paid.

2. Paragraph 12 states, “The COR will make judgment call to determine weight.” This should be changed to, “The COR and the contractor will measure trucks and agree to how to determine volume after contract award.”

3. Paragraph 19 states, “Bench down to road? Yes and this is part of slope scaling.” For clarification, the existing bench has an existing access road which will require minimal pioneer work for use. New bench section will require new pioneer road to access bench and excavation area. All pioneer roads require pulling back access prior to final acceptance.

There is no pay item for slope scaling in the bench areas. Slope scaling will occur above and below the bench maintenance and construction areas but work is incidental to excavation in those areas and will be paid under Roadway Excavation, 20401.

4. Paragraph 31 has numerous occurrences of 5” tops. In the Supplemental Specification section 201.04 Clearing under Minimum Utilization Standards, it requires a length of 8 feet and the diameter (inside bark) at small end shall be 6 inches.

5. Also in paragraph 31, d. it states, “Cleaning and scaling are paid separately.” This holds true, however, the contractor is advised that slope scaling is not paid separately in the bench areas. Slope scaling is incidental to bench work when performed in the bench work areas.

52.215-2 Audit and Records—Negotiation, Alt 1. (MAR 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

(End of clause) FAR 52.222-8 Payrolls and Basic Records. (Deviation, Jan 2010)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)

(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify --

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (End of Clause)

L-2. 452.215-71 Instructions for the Preparation of Technical and Business Proposals. (SEP 1999)

(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) The proposal must include a business proposal and a technical proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provided, that an offeror also submit a proposal for performance of the work as specified in the statement of work. Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.

(3) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

(4) Offerors shall submit their proposal(s) in the following format and the quantities specified:

Business Proposal (pricing included):

(a) One copy of the completed SF-1442 Solicitation, Offer, and Award form, signed and dated by the offeror.

(b) Response to any amendments that were issued.

(c) Information required from Section K. Representations and Certifications and CCR/ORCA requirements and;

(d) One copy of the Schedule of Items (Section B) with vendor information box filled out, prices inserted, and signed. No breakdown of unit prices is required.

Technical Proposal:

The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

There are three parts of this technical proposal including Technical Approach, Relevant Past Performance and Locality Factor.

(a) Technical Approach

Offerors shall submit a written discussion of their technical approach to this project that contains information about their plan to execute the work defined in this solicitation and resulting contract. Provide adequate documentation that demonstrates a clear understanding of the following major work components: roadway excavation, minor hot asphalt concrete, traffic control and construction schedule, and how the offeror intends to specifically execute each of those major work components.

(b) Relevant Past Performance

Offerors shall submit relevant past performance information for their firm and any proposed major subcontractors. Performance information may be obtained from references provided.

The offeror shall list all major contracts and subcontracts completed during the past three years and all contracts and subcontracts in progress. The list should include, but is not limited to, contracts and subcontracts similar in nature and complexity to that required by this solicitation. Include contacts with the Federal Government, agencies of state and local governments, and commercial customers. Offerors that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all key personnel.

Include the following information for each contract/subcontract:

Name of contracting activity

Contract number

Contract type

Total contract value

Completion date, or anticipated completion date if in progress

Contract work

Project manager or Contracting Officer’s Representative

List of major subcontractors

Note: Provide name, address, telephone, and FAX number for items g, h and i.

The offeror may provide information on problems encountered on the contracts and subcontracts listed and the corrective actions taken to resolve those problems. The Government may obtain information from existing contract files. Because discussions may not be held, the offeror may refute any problems in the original offer.

The offeror may include letters of appreciation for contracts and subcontracts previously completed and any value engineering finance awards. The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142.

(c) Locality Factor

The offeror shall include an explanation of how the contractor plans to utilize the local workforce and suppliers in the performance of this project. Examples include award of a subcontract to a local entity, purchase of supplies from local suppliers, and providing employment and training opportunities to people in the local area. Local area for this project is defined as: Baker, Union, Wallowa, Grant, and Umatilla Counties in Oregon, and Adams and Idaho Counties in Idaho.

Technical approach and Locality factor responses will become a part of any resultant contract. (End of Provision)

9. ) M-1. Evaluation Factors

Technical Proposals:

Technical Proposals will be evaluated based on the following factors. Factors are listed in the descending order of importance: Technical Approach, Relevant Past Performance and Locality Factor.

Technical Approach:

The highest rating will be given to offerors who present a complete understanding of the work to be performed and provides an excellent approach to accomplishing the major components required to be addressed.

Relevant Past Performance:

Each offeror will be evaluated on their performance under existing and prior contracts that will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. References other than those identified by the offeror may be contacted by the Government, with the information received used in the responsibility determination and in evaluation of the offeror’s relevant past performance.

Firms lacking a past performance record (e.g., new firms or those with no relevant experience within their organization) will be treated as an unknown performance risk, receiving a neutral rating in this criteria. A neutral rating will be established as the average of all other competing offerors.

The highest rating will be given to firms who have performed similar road reconstruction work over the past three years and which receive high recommendations in the areas of quality of services, business relations, and cost control with respect to Relevant Past Performance.

Quality of services is defined as having demonstrated the ability to perform construction in accordance with contract plans and specifications and conforming to good standards of workmanship.

Business relations are defined as having the ability to effectively manage complex projects (involving subcontracts), establishing positive working relationships with the Contracting Officer and technical representatives, having reasonable and cooperative behavior, flexibility, and having a businesslike concern for the customer’s interests.

Cost Control is defined as having the ability to complete contracts within budget (at or below); presenting effective contractor recommended solutions with reasonable price changes.

Locality Factor: This contract is funded with American Recovery and Reinvestment Act (ARRA) appropriations. ARRA was enacted to stimulate the U.S. economy. Many of the communities most affected by the economic down turn are located near national forests. Using funding from The American Recovery and Reinvestment Act will create jobs that support the Forest Service mission of sustaining the health, diversity, and productivity of the Nation's forests and grasslands to meet the needs of present and future generations. Therefore, your proposal will be evaluated on the extent to which you plan to utilize the local workforce and suppliers in the performance of this project. Examples include award of a subcontract to a local entity, purchase of supplies from local suppliers, and providing employment and training opportunities to people in the local area. Local area for this project is defined as Baker, Union, Wallowa, Grant, and Umatilla Counties in Oregon, and Adams and Idaho Counties in Idaho.

Business Proposal (price included):

This criterion will include consideration of cost information provided to support pay item prices entered in the Schedule of Items. It is the Government's intent to assess the unit prices to determine reasonableness and the offeror's understanding of the work and ability to perform the contract.

The importance of price may become greater as the differences between the other evaluation factors decrease. Where the Technical Proposals are determined to be substantially equal, price will determine award. (End of Provision)