A._Amendment-08.docx

2 AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

07/22/2013

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

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

10A. Modification of Contract/Order #

10B. Dated

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: Amendment 6 Appendix A Page 1 of 8 Replace with: Amendment 8 Appendix A page 1 of 8. Updates units in Calamity and Dairy total acres for Task Order Items 1.0 and 2.0 (1 pg.)

Delete: Amendment 6Task Order 1 Bid Page Replace with: Amendment 8 Task Order 1 Bid Page. Updates acres in Item 1.2, 1.3, 2.2 & 2.3 as well as new Minimum Acceptable Offer (1 pg.)

Delete: Appendix B page 12 of 20 Replace with: Amendment 8 page 12 of 20. Adds definition of leave clumps of commercial trees and Basal Area variability range (1 pg.)

ADD: Questions and answers from the Pre-proposal conference. See below.

ADD: Participant list from the 07/16/2013 Pre Proposal Conference (1 pg.)

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)

By____________________________ (Signature of Contracting Officer)

16C. DATE SIGNED

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

Amendment 8

QUESTIONS AND ANSWERS FROM PRE PROPOSAL CONFERENCE ON 07/16/2013

1. What are the future quantities of products to be offered over the 10 year period?

A: It is still the intent of the Forest to treat areas that achieve restoration goals through the collaborative process while providing for local community benefits. See Amendment 7 Q7.

2. Q: Fire liability?

A: See Amendment 7 Q 31.

3. Q: How do companies bid this work and still be profitable on the service work and timber products required to be removed?

A: The timber products will be set through the appraisal process where appropriate cost centers are used to estimate contractor’s costs of operations against the value of the timber. The cost of the service activities all depends on how the contractors choose to implement the work. If there are losses in either one of the activities then the contractor should bid accordingly and address the pricing elements in their business cost proposal describing the rationale behind the pricing of the service elements since the timber value is fixed.

4. Q: Appraisals, will they be re looked at before the bids are due?

A: See Amendment 7

5. Q: In the commercial Designation by Prescription how do we know if the “right” tree is cut?

A: In Appendix B there are the requirements not to cut over 21” DBH and the remaining elements describe the end result for the stand. Through the inspection process by the contractor as well as the government will be able to determine if the end results have been met based on those criteria. See Amendment 7 Q’s 35 to 38.

6. Q: How was the conversion from CCF two tons established and were they calculated using local or regional values?

A: The Forest used local weights for by species that was entered into cruise program which generated the number of tons. The appraisal summary sheets show the conversions from CCF to Tons at the bottom of the sheets in Amendment 7.

7. Q: County payments for infrastructure is still an issue, is there any way to address this?

A: See Amendment 7 Q3 & Q4.

8. Q: Are specific things that are going to be needed for the business proposal and how many copies?

A: In section B.1 and the Task Order, there will need to the actual pricing of all items. Additionally, for the business side would be any explanation or rationale behind the pricing. See Amendment 7 Q6.

9. Q: Could the County enter into this contract as the prime contractor?

A: Yes, under full and open competition and under the stewardship a law, the government can move into any sort of contract the arrangement with County.

10. Q: Transparency, Base on previous history with government contracts companies that submitted applications for government grants do not receive an opportunity to understand how the winning company was chosen?

A: Amendment 5 Questions 20 and 21, Amendment 2 Q7, Section M of the solicitation. All of these areas identify how a company can achieve the highest ratings for these elements. Companies that did not receive award can also request de-briefings to understand how they did in the proposal process, identifying strengths and weaknesses.

11. Q: Will the winning proposal be publicly known?

A: Parts of it will be such as total pricing can be shared as well as how many proposals were received. We would also be able to tell you where you fell in the range. The best thing to do is request a de-briefing to understand how your company did.

12. Q: How can you be subjective if there is a deadlock on proposal ratings:

A: That's where price would come in to determine award. See Section M of the Solicitation.

13. Q: What happens if the contractor fails to perform under the contract?

A: The government would have to use one of termination clauses are within the contract. These Termination clauses can be found in Section I FAR part 52.249 – 8 for service work and far part 52.249-10 and 52.249 -2 for construction. The degree of the Termination would be for a portion of the Task Order or the entire Task Order. It all depends on what the circumstances are. Additionally if the contractor fails to perform them the re-procurement of those work activities may fall back to the contractor to pay for. This may be an increase costs to the contractor that fail to perform based on what the new contractor has bid to complete that work.

14. Q: What happens if the prime contractor starts to lose money?

A: All task orders shall be awarded on a firm fixed price basis. That means the contractor is responsible for all costs based upon the price that is set at the time of the task order award. The task orders themselves will be structured for short duration, 1 to 2 years, to try and minimize these unforeseen costs. Negotiations may be necessary if the losses are beyond the control of the contractor. Basically is up to the contractor to bid appropriately.

15. Q: What if the contractor bids too high on the service work because the timber value is too high?

A: See Q3 above.

16. Q: Payment deferral, under what circumstances which are not approve that?

A: It is actually in Appendix B under ET.3and references back to the main Solicitation under Section G “Product Payment Guarantee”. The CO would follow these two sections to accept payment deferral under the contract.

17. Q: If operations hold for long periods of time in the bonding be reduced?

A: We would have to follow section G of the solicitation in order for bonding to be reduced.

18. Q: In Appendix B under Mandatory biomass requirement is just the standing tree or is it down to a 3 inch top if the piece is attached to the sawlog?

A: It is all based on the piece. So if there was a piece attached to a sawlog that meets the specifications in Appendix B then it is included in the cruise as well as the standing trees.

19. Q: In Appendix C under snow removal, will we need a permit to operate?

A: The contractor would have to follow the commercial road rules in appendix C and in the main solicitation under section H.11. Generally speaking, yes a permit would be required for these areas Identify in the first task order.

20. Q: Is July 31st still the date for proposals to be submitted?

A: Yes

21. Q: T.O.'s will be negotiated. So there is no real guarantee that there might not be a second set of T.O.'s? How many T.O.'s could the winning contractor reject and still be considered a viable company?

A: See amendment 5 Q19.

22. Q: If through negotiations on future task orders the government and the contractor can- not come to an agreement on price what happens?

A: See amendment 5 Q19. The intent is to have restoration work completed and the goal is to have the awarded contractor complete this work.

23. Q: Who is the deciding official on the prescription?

A: The COR will be the official recommending acceptance of the work completed under the contract, the Contracting Officer is the final deciding official. The COR’s recommendation shall be based on the end results statements identified in the Contract and Task Order requirements under the acceptable quality levels.

24. Q: If the appraisal changes for the first Task Order when will that be known?

A: See Amendment 7

25. Q: Can we get more information with regards to this contract being transferable?

A: Yes, this contract would be transferable following FAR part 42.12 Novation and Change-of-Name Agreements. See Link Below. https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217

To date, the normal procedures of transferring a contract from one company to another has been after award when the original contractor was bought out by another contractor and the new contractor elected to assume the original contract terms and conditions.