a.Amendment-03.pdf

Amendment 3

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

2 AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

07/02/2013

4. REQUISITION/PURCHASE REQ. NO

5. PROJECT NO.(IF APPLICABLE)

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

Blue Mountain Acquisition Management

72510 Coyote Road

Pendleton, OR 97801

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

X 9A. Amend Solicitation No.

AG-04KK-S-13-9000, Malheur N.F. 10 Year

Stewardship Project

X 9B. Dated 6/20/2013

10A. Modification of Contract/Order #

10B. Dated 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 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 MODIFICATION OF CONTRACTS/ORDERS.

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

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

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 [X] is required to sign this document and return 1 Original to the issuing office.:

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

DELETE: Appendix C_2_K-F.3_MD from main solicitation.

REPLACE WITH: “Amendment 3 E. Appendix C_2 K-F.3# MD” which includes post haul charts. (25 pages)

DELETE: Page 1 I. Appendix_C_5_K-F.3# PAW.

REPLACE WITH: “Amendment 3- I. Appendix_C_5_K-F.3# PAW updated pre haul chart (1 page)

ADD: List of Attendees from the 06/27/2013 Pre-Proposal Conference (2 Pages)

ADD: Questions and And Answers from Pre-Proposal Meeting and additional questions as of 07/01/2013. (see below) By signature in Block 15B Contractor releases the Government from all claims relating to this modification. This settlement is complete accord and satisfaction. 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

Gavin Smith Contracting Officer

15B. CONTRACTOR/OFFEROR

By (Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

By____________________________ (Signature of Contracting Officer)

16C. DATE SIGNED

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

Mal N.F. 10 Yr Questions AMENDMENT 3 07/02/2013

Below are some additional questions concerning the Malheur Forest-wide Stewardship, Solicitation number AG-04KK-S-13-9000 received prior to the pre-proposal meeting held on 06/27/2013 but after the posting of Amendment 2. Questions from the Pre-Proposal

Meeting start on page 4.

1. Q: Given the current market conditions in the timber industry; the current lumber market; the current chip market; the lack of a market for hog fuel; the current economic conditions within the Grant and Harney County region; and the recent timber sale activity including a NO BID on the most recent offering of the Dairy TS.

How was the minimum bid arrived at and does this indicate a precedence for future appraisals of projects proposed in future task orders?

A: The appraised rate is derived using the Transaction Evidence Appraisal method. This is the standard method used on all timber sale and stewardship contracts. The appraised rate in the contract is only applicable to the current task order. The current Task Order rate is a weighted average of the appraised rates from four separate appraisals completed on the MD, Dairy, Calamity, and Paw contract areas. On subsequent task orders, each will have its own appraisal completed to have an appraised rate that approximates current market conditions at the time of the task order.

2. Q: Can we as potential offeror’s be supplied copies of the Cruise information for the units included in Task Order 1? Specifically, cruise information for those Mashall Devine units, Calamity units, Dairy units and PAW units?

A: Yes, cruise information is available upon request. Please send your request to gmsmith@fs.fed.us or call 541-278-3844 to request this information.

3. Q: Given the statement in the Solicitation Part IV, Section M.3 (a) (3) which states:

“Offeror’s Technical Approach and Benefit to Local Community proposals will be incorporated into any resultant contract” I have the following questions:

a. If the offeror claims that we will process 80 -100% of the forest products locally in the

Technical Proposal, and then due to economic conditions or other factors beyond our control we do not process 80 – 100% of the forests products locally, what are the implications?

b. If the Offeror fails to include a local sub-contractor on the Technical Proposal can this sub-contractor still be utilized?

c. If the offeror includes a sub-contractor in the Technical Proposal then fails to utilize this sub-contractor what are the implications?

A: consideration would be given if the list of subcontractors and or wood processing facilities is substituted over the period of the task order and or the life of the contract become unavailable due to outside factors beyond the control of the primary contractor. The intent is to ensure the scope and intent of the contract is met based upon the evaluation criteria that was set and award was based on.

mailto:gmsmith@fs.fed.us

4. How are future Task Orders going to be negotiated with the successful bidder? When

Part 1, Schedule B.1 states “The following line items will be used to determine price reasonableness for award purposes. Actual work to be ordered will be negotiated using detailed cost breakdown data…” what is the “detailed cost breakdown data”?

A: Detailed cost information is the information the contractor uses to develop their offer. This includes labor costs, overhead, profit, estimated production rate (acres/miles/etc.) per day.

5. How was the appraised value of $7.22/ton derived especially in light of the fact that no-bid Dairy was originally advertised at $2.05/ton excluding slash deposit and road maintenance and no-bid

Calamity advertised at approximately $0.68/ton excluding slash deposit and road maintenance by my conversion (it was to be sold CCF, not by the ton like Dairy).

A: See question 1above.

6. Q: Under Part IV M.3 (a)3 and C. involvement of other Community Groups. In the discussion in the meeting on 6-27 it was stated the successful awardee on the bid of future task orders, would be required to submit new information on sub-contractors and benefit to local community. If the prime contractor submits a new and different list of sub-contractors would this not be in conflict with the parent contract and the evaluation criteria that the original award was based on? Would it not be better to just require the prime contractor to submit for approval any changes to that list as they are needed. If the prime is allowed to make changes per task order this can discourage long term partnerships and degrades trust between contractors which is so vital in a contract of this nature.

A: see answer to question 3 of this amendment listed above.

7. Will there be any true Pre-Commercial Thinning in future Task Orders ? All of this current T.O.

seems to be a post-harvest Cleaning that will have much different cost than a stand-alone Pre-

Commercial thin.

A: That will be determined by the Forest based on the restoration goals and objectives set forth by the National Environmental Protection Act decision documents. Additionally the requirements for meeting stewardship identified activities through collaboration. Currently these activities are covered in almost all Forest Decision Documents. It is anticipated that these pre commercial thinning restoration objective may be identified as standalone areas outside of commercial treatment stands.

8. Under Contract days… How many shut down work days was used to calculate the contract days listed? Example: If we went to an IFPL level 4 for 2 months in a year was that factored in as

“Normal” or would 2 months be added? If one month was used then the contractor would only be able to request one addition month and not two.

A: It is anticipated that the contactor should staff appropriately to complete the logging and service work within the task order time frame given the estimated start work date. Under standard service contracts when the notice to proceed is initiated contract time starts without stopping. Through contract administration, if the contractor experiences one of the 10 excusable delays, the contractor may be entitled to additional contract time.

Questions from the Pre-Proposal Meeting dated 06/27/2013 Section B

1. Q: Can the contractor be required to pay into the county road fund as well as school payments?

A: No, the stewardship law does not allow for these collections.

2. Q: Is there a minimum bid requirement? Is it fixed for timber or service work?

Specifically the timber values A: To be covered in Task Order 1, additionally in the future contractors will be required to pay current contract appraised rates for timber products.

Section C

3. Q: How are the prices determined to be reasonable?

A: Amendment 2

4. Q: What would go into Future Task Orders?

A: Section C2 from main solicitation. Areas to be determined by the Forest to meet the intent of Stewardship restoration Goals and Objectives.

Section E No questions

Section F

5. Q: The ten calendar days to start performing work, is that negotiable?

A: Yes, but The intent is to have the contractor perform within weeks of receiving the notice to proceed on any future Task Order.

Section G

6. Q: Lump sum task orders in the future?

A: Future task orders would have to be negotiated as far as being lump sum. Currently the intent is to use scaled contracts so the Forest can utilize Designation by Prescription which is Forest Service Policy.

7. Q: In the event there are excess credits how would additional timber be added.

A: Refer back to section B4 and the intent is to move the money forward between task orders.

8. Q: Does the Forest Service plan on using appropriated funds for future Task Orders?

What are the anticipated dollars and how would they be identified?

A: The forest would have to identify the funds to be added to the task order for services that could not be covered by the value of the timber that is to be removed. Examples include using the retained receipts.

9. Q: Would there be multiple task orders going on at the same time?

A: There is a very high likelihood that multiple task orders would be operating concurrently with compounding work activities.

10. Q: Would one task order have to be complete before the stewardship credits could be transferred to another task order?

A: Yes, if the timber value will cover the service work identified in one task order then any excess would be used to pay for work on a subsequent task order or additional work can be defined in the current task order to match these values. Have a single awardee provides the most flexibility to be built into the accounting system to allow for the stewardship credits to be transferred from one task order to another.

Section H

11. Q: Would the contactor receive consideration within the two year period required on the first task order if a catastrophic delay were to occur like a wildfire burns in the contact area?

A: Under a service contract there are protection measures for the service contractor, one of which is the Defaults clause FAR 52.249-8. If a contactor comes forward with an excusable delay (defined within 52.249-8) then the Government would give consideration for additional time with no change in contract prices. Market related conditions would not fall under FAR 52.249-8.

12. Q: Fire Liability Upper end amount is it $300,000 as in a timber contract?

A: See amendment 2 if a waiver was granted another amendment would be posted containing this information.

Section I No Questions Section J

13. Q: Are the current wage determination available?

A: For service contract work it is included in the Task Order. For Construction task orders you can visit http://www.wdol.gov/dba.aspx to see a listing of the current Davis-Bacon wage determinations.

14. Q: Why would there be Davis-Bacon wages tied to this solicitation?

A: The law mandates that for activities that fall under the definition of construction it require Davis-Bacon prevailing wages shall be paid by that geographic zone and activity. The only time that these wages do not apply is when the primary purpose of the contract is to sell and dispose of government property. In stewardship the primary purpose is for restoration work and therefore these laws apply.

Section K

15. Q: Is there some overlap between the SAM and ORCA databases for contractors to be certified?

A: SAM covers ORCA as well as EPLS, CCR and Fedreg. This can all be found at www.SAM.gov Section L

16. Q: What is the timeframe for the proposals to be submitted?

A: July 31st 2013 is when the proposals are due. As of right now time for the proposals to be due is unchanged

17. Q: Are the elements in Section L going to have to be addressed in all future Task Orders?

http://www.wdol.gov/dba.aspx http://www.sam.gov/

A: If the requirements remain unchanged then no real submittal changes would be required. If the level of workforce changes over time the contractors would need to address the changes as task orders would need to make sure the scope and intent is still met for future orders.

18. Q: For future task orders why would there need to be anything needed other than price?

A: On future task orders the need would still be a need to ensure the intent of the contract is still being met.

19. Q: Are pictures required as part of the proposal?

A: No pictures required

20. Q: Are there some uncertainties in the market place that would cause contractors not to submit a proposal for this solicitation?

A: This is the intent of these meetings, to clarify the solicitation and discuss the acquisition process to determine if an award is feasible. The government will be tracking the questions and answers from potential vendors to identify points of clarification to ensure an appropriate sustainable contract is awarded.

21. Where is the trigger point within the contract to require additional specifications?

A: These actions are based on dollar thresholds. For service contact act related work activities the threshold is $2,500 and for Davis-Bacon activities (construction) it is $2,000. Additionally, due to the size and complexity of this contract additional thresholds have been met to require additional clauses to be incorporated. These include the requirements in Section L.

22. Q:How is benefit to local identified? Also, how will this benefit the communities if there are no milling infrastructure?

A: Local is identified as Grant and Harney County. Even if there was no infrastructure to mill the end products produced, the elements for local would include contractors and sub-contractors that could provide service work to complete restoration activities.

Section M

23. Q: What are the weighting of the Evaluation factors?

A: M.3, all of the Technical Approach, Past Performance, and Benefit to Local are all equal. We do not evaluate on number, we evaluate on adjectival ratings. So, basically a third each is the weighting. Each sub factor is also weighted equally. When all combined they are significantly more important than price. Therefore the Government can pay a higher price for a technically superior technical proposal.