AmendmentNo1.rtf

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RECOVERY SUNDRY STEWARDSHIP, WALLOWA WHITMAN NATIONAL FOREST, OREGON
Solicitation number
AG-0489-S-10-9000
Issued by

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1. Amendment 1

Text of this file

Amendment No. 1, Solicitation No. AG-0489-S-10-9000 Page 2 of 6

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

CONTRACT ID CODE

PAGE OF PAGES

2 AMENDMENTXXXXXXXXXXX NO.

3. EFFECTIVE DATE

04/30/2010

4. REQUISITION/PUCHASE REQ. NO.

5. PROJECT NO.(IF APPLICABLE)

6. ISSUE BY CODE

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

Blue Mountain Acquisition Management Area 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) X 9A.Amend Solicitation No. AG-0489-S-10-9000

9B.Dated 04/20/2010

10A.Mod Contract/Order #

10B.Dated (see Item 13) code facility code

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 [ ] is extended [X] 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) Sundry Stewardship, Whitman Unit, Wallowa-Whitman National Forest

The pre-proposal meeting notes are attached and made a part of this solicitation.

This amendments changes the Product Removal for the BLM units to an optional item.

The following statement is added to the Project Description, “This contract contains restorative work projects on both National Forest and Bureau of Land Management (BLM) lands. A Forest Service Contracting Officer will be the contract authority for all projects on BLM and FS lands ordered under this contract.”

The following statement is added to the E.2 Contractor Quality Control Inspections System clause, “Contractor shall provide a copy of their job-specific quality control inspection plan at the post-award conference.”

The first paragraph of F.2 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) is changed to read, “The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than June 1, 2013 for all work expect the road construction and reconstruction items which shall be completed by October 31, 2010. The time stated for completion shall include final cleanup of the premises.”

The clause F.3 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988) is changed to read, “The period of performance of this contract is from date of contract award through 3 years after date of contract award.”

In Appendix B, replace the Location and Area and Timber Designations Tables with those attached.
In Appendix B, Page 3, make a pen and ink change, Unit 15 should be a Skyline Unit not a Tractor Unit.
In Appendix B, replace CT.1 clause with the following: “Included Timber. “Included Timber” consists of: Sawtimber Component – see revised Timber Designation Table attached. Non-Sawtimber Component -- Non-saw material to a 3” DIB top will be manufactured from tops of all designated sawlog trees and removed from the contract area.

Notwithstanding the above, if units along open roads (e.g., 16, 17, 20, 22, 22B, 22E, 22F, 23, 24A, and 25A) are logged between July 1st and October 31st, the contractor may elect to neatly deck on landings and leave (not remove) non-saw material (all species excluding pine); at that time the contractor waives all rights to this material. The contractor shall make the election of whether to leave or remove the non-saw before the sawlogs are removed from each unit. If logging of any of the above listed units is started before July 1 or concluded after October 31, then all unit non-saw material shall be removed at the same time as sawlog material.

The contractor is responsible for any berms found under the landing piles after the contract completion and acceptance no matter the length of time. This is considered a latent defect.
Appendix D, on Page 1 of the Road Maintenance Requirements Specifications Table, make a pen and ink change on the last row, Special Requirements deleting XXX from the Rd 11 columns and move them to the Rd. 1125 column.

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 (Type or print)

16A.NAME AND TITLE OF CONTRACTING OFFICER

Marianne K. Klingler, Contracting Officer

15B.CONTRACTOR/OFFEROR

By ______________________________ (Signature of person authorized to sign)

15C.DATE SIGNED

16B.UNITED STATES OF AMERICA

By _ /s/_Marianne K. Klingler_______ (Signature of Contracting Officer)

16C.DATE SIGNED

04 /3 0/ 2010 Standard Form 30 Prescribed by GSA FAR (48CFR) 53.243

PRE-PROPOSAL CONFERENCE NOTES

Attendees:

Government – Andrea Stanbro, Chris Kelsey, John Jesenko, Jim Chandler, Gayle Hammond, Jim Gilsdorf, Mary Bresee, Keith Dunn, Marc Pierce Contractors – Arvid Anderson representing Clear Pacific, Forrest Schroeder representing Clear Pacific, and Don Glerup representing Don Glerup Logging, Ray Osipovich representing Grayback Forestry, Phil Jenkins representing Iron Triangle, Larry McCalden representing Boise Building Solutions.

Andrea Stanbro, Contract Specialist, led the discussion on the parts of the contract.

Offerors must complete Blocks 17a, 23, 24, 26, and 30a-c on the Standard Form 1449. Proposals are due May 20, 2010 by 4:30 PM. Proposals can be mailed or hand delivered to the Wallowa Whitman National Forest Supervisor’s Office, faxed or emailed proposals will not be accepted.
The Schedule of Items lists the services and prices. Offerors must submit a unit price and total price for each line item, and a price which they will pay for the timber in B.2 of the Schedule of Items. There are optional Forest Service and BLM items. All BLM work is optional, service and product removal. Government may exercise the options at any time during the contract performance period.

The FS portion of the this contract is funded with American Recovery and Reinvestment Act (ARRA) of 2009 money and requires additional reporting requirements for the awarded contractor, see clause I.2. Additional ARRA clauses are I.1, I.3, I.9, and I.10.

The Contractor shall identify the quality control system and the Government will use their quality assurance surveillance plan to monitor Contractor performance.

Clause 52.211-10, discussed start work within 10 days after receipt of Notice to Proceed. All work shall be completed by June 1, 2012, this date is incorrect and will be corrected in the amendment. Contract time runs continuously without suspensions. Contract time has already taken into consideration fire shutdowns, ground conditions, restricted access, and hauling days.

The clauses that are unique to stewardship were briefly discussed. Although the Government is trading goods for services, based on our information, we know we will not have sufficient goods to cover the cost of the services, therefore the Government will make payments to the Contractor. Stewardship credits are accrued when service work activities are completed and accepted. Prior to harvesting any timber, the Contractor must provide payment guarantee to cover the value of the products expected to be cut in not less than 30 calendar days and not more than 60 calendar days. This amount is based on the offer the Contractor makes for purchasing the product material. Clause G.4 Contractor Certification is a required monthly certification that must be completed by the Contractor.

Generally discussed the other contract clauses commonly seen in service contracts. Fire requirements are the same from most service/construction contracts. Safety is very important. Contractor will be required to submit a safety plan prior to start work. Other documents to be sumitted prior to start work are the quality control plan, the proposed progress schedule, list of proposed subcontractors, traffic control plans, soil erosion and water pollution control plan, designation of contractor personnel, fire plan, and spill plan.

Many clauses are incorporated by reference. Some clauses pertain only to construction, some only to service, and some pertain to all work. Full text is available at the websites listed in I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988).
The construction portion of this project is estimated to be between $25,000 and $100,000 so clause I.8 52.228-13 Alternative Payment Protection clause applies.
Clause 52.228-8 Payrolls and Basic Records deviation was discuss briefly. Social Security numbers are no longer required on certified payrolls for the construction work items.
The solicitation will not be set aside, use full and open competition.
Payment will be made by electronic funds transfer.
The Contractor must pay employees based on the attached Service Contract Act wage determination 1977-0079 along with fringe benefits for the service work items.

The Contractor must pay employees based on the attached Davis Bacon Act wage determination OR100002 along with fringe benefits for the construction work items. It was also determined that the project areas is located in Zone #3 (Power Equipment Operators) and Zone #1 (Laborers).

Offerors must register in ORCA and CCR. Migrant & Seasonal Work Protection Act and Oregon Farm Forest Labor License apply to all labor intensive service work items.
The clause, Instructions for the Preparation of Technical and Business Proposals provides instructions for what needs to be submitted with the price quote. Alternate proposals may be provided and are encouraged. The number of copies required is listed in paragraph (a)(4). Offers must provide information on Past Performance, Technical Approach, Utilization of Local Workforce, and Key Personnel. Follow the instructions carefully and provide the information that is requested in each of the factors.
FAR Clause 52.212-2 Evaluation – Commercial Items describes how the Government will evaluate. Past performance and Technical Approach are approximately equal in importance and together they are significantly more important than the remaining technical criteria. All technical factors when combined are significantly more important than price. The Government is not looking to pay a premium price for an unnecessarily excessive proposal. Offerors Technical Approach and Utilization of Local Workforce will be incorporated into any resultant contract. The accepted proposal will take precedence if there is any inconsistency between the accepted proposal and the Government’s solicitation requirements.

Jim Gilsdorf, discussed the technical requirements in Appendix A.

Appendix A – standard specifications for this Forest regarding precommercial thinning and piling.

The Detailed Unit Information Sheet was reviewed and discussed.
There are four handpiling units and the handpiling specifications are located on pages 3 and 4 of 11.

Chris Kelsey and Jim Chandler, COR, discussed the technical requirements in the Appendix B.

Appendix B – Timber Removal Requirements

There was discussion about the juniper tree in some of the units, see the revised Appendix B: Timber Designation (CT 3) table attached.
It was mentioned at the meeting that there was four units that contained juniper trees, see number 6 in the amendment because this information was incorrect. In the two units there is an estimated 3,000 Juniper trees.
There was a lot of discussion about clause CT.1 in Appendix, see number 7 in the amendment.
The 20.9” DBH was determined at the time the trees were marked.

Top wood is part of the nonsaw material.

Biomass and trees less than 7” DBH is considered Timber Subject to Agreement(except in Units 20, 22C, 22F, and 25A, where trees 4.0-20.9” DBH are included timber).

Any tree greater than 7” DBH that does not meet the sawtimber specifications is considered non-saw material.
Optional BLM units 12 and 18 are located near USFS commercial units. The CO will award these optional items prior to completion of adjacent USFS Units.
Clause KT-FT.1.0.1# - Temporary Road and Landing Construction (Option 1) was reviewed and discussed. All temp roads and landings are to scarified to a depth of 12 inches unless otherwise agreed.
There are timing restrictions on some units due to goshawk nesting and Ips beetle.
If accumulations of soil are discovered in landing piles after the contract is completed and accepted, the contractor will not be required to return and level. This information is not accurate, see number 9 in the amendment.
There may be differences in where the map shows fences and where they are actually located on the ground.

Gayle Hammond, discussed the technical requirements in the Appendix C and D.

Appendix C and D – Road Maintenance Requirements and Road Reconstruction/Construction Requirements.

The road into the Pine Creek area of the contract is a County Road to the junction with 1135 at the cattleguard (MP 5.75). Maintenance requirements are between the contractor and the County.
Temp roads are to be scarfied but do not need to be recontoured.
Rd. 1125 requires Utah dips, see notes on the Road Maintenance Requirements Table. See number 10 in the amendment, error in the table page 1A, row 8. T-836: remove XXX from Rd. 11 column and place in Rd 1125 column.

Road construction and reconstruction can be completed at any time during the contract performance period. This is incorrect, see number 5 in the amendment for the new completion date for the road construction and reconstruction work. All of the construction will need to be completed prior hauling out of the adjacent units.

There was brief discussion about the following roads: the 1125 road includes a steep section that includes drainage repair; the 205 has a piece of road that needs to be realigned; the 208, 400, and 420 are all grown in and clearing and grading are needed; the 276 has an old log culvert that needs to be cleared out and replaced.
There are some active mining claims but there should be no access problems. Pipelines are in the creeks not over the roads but the contractor should not disturb the claim markers.

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