b. Bidders Packet.doc

AG-04R3-S-12-0006

Offeror to complete blocks 12, 17, 23, 24, & 30

LOCAL TIME 4:30 PM

INFORMATION CALL

Joe Platz/ Gavin Smith

541-962-8571/ 541-278-3844

5/09/2012 4:30 PM

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UNRESTRICTED

SET-ASIDE. 100 % FOR

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SEE SCHEDULE

SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

8(A)

UNDER DPAS (15 CFR 700)

SOLE SOURCE

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DISABLED VETERAN

13b. RATING

RFQ

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IFB

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RFP

USDA Forest Service 2517 SW Hailey Ave.

Pendleton, OR 97801 Same as Block 9

FACILITY CODE

The National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

NOTES: Work activities are subject to both the Service Contract Act and minor amounts of Non Commercial.

AGAR 452.216-73 MINIMUM AND MAXIMUM

CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,000 , but not in excess of $999,999.00 .

See Instructions For Submission of Offers on Page 39

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

hrs

TOTAL ALL ITEMS

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

STANDARD FORM 1449 (REV. 4/2002) BACK

1SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

5Description/Specifications/Statement of Work

6Location

6Tasks for the Meadow Creek Project portion

7Tasks for the Battle Creek Project portion

8Work Schedule and Equipment Specifications:

9Log and Boulder Quality

9Mobilization

10Instructions to Offerors

1052.212-1 Instructions to Offerors—Commercial Items (Feb 2012)

14EVALUATION, NEGOTIATION AND AWARD PROCESS

14Award Statement

1552.212-2 Evaluation - Commercial Items. (JAN 1999)

16Evaluation Board Criteria:

1752.215-5 Facsimile Proposals. (OCT 1997)

1752.216-1 Type of Contract. (APR 1984)

19Representations, Certifications, and Other Statements of Offerors or Respondents

1952.212-3 Offeror Representations and Certifications-Commercial Items. (APR 2011)

31AGAR 452.209 – 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

31AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS

Description/Specifications/Statement of Work

3 Year IDIQ For Stream and Riparian Restoration & Road Decommissioning The Government anticipates creating a pool of qualified contractors (3-4) to perform the following activities for the next three years on a task order basis under a time-and-materials/ labor-hour contract including but not limited to; culvert removals, removal of and recontouring of road fills, stream restoration, haul and placement of excess fill material, streambed reshaping, ripping of road prisms/wheel tracks, outsloping and conversions to road template, removal of sidecast material, placement of woody debris in streams and riparian areas and revegetation projects to restore native plant communities, etc.

Work is anticipated to cover the lands in and adjacent to, the Wallowa Whitman and Umatilla National Forests.

It is the Government’s intent to use the above named project as a representation of future work activities. Below are the requirements for offererors to submit proposals on for the Government to evaluate and to award. After the qualified pool of contractors is established future task orders shall be placed on a competitive basis amongst the group.

Future task orders against this contract may also include minor work elements of construction in conjunction with service contract work requirements. These construction activities shall have all the appropriate Wage Determinations and FAR clauses incorporated at time of solicitation. NO CONSTRUCTION ACTIVITIES ARE ANTICIPATED IN THIS CURRENT SOLICITATION.

1.

PERFORMANCE WORK STATEMENT

Introduction/Existing Conditions/Objectives

Meadow Creek is spawning and rearing habitat for Snake River Basin summer steelhead and redband trout. Snake River Basin rearing spring chinook salmon habitat is located .5 mile downstream of the project area. The summer steelhead and spring/summer chinook are federally listed under ESA as threatened species. Redband trout are on the Regional Forester's Sensitive Species List.

Within Battle Creek portion of the project, there are 2.5 miles of Snake River Basin summer steelhead and redband trout spawning and rearing habitat. The remainder of the streams within the project area (5.25 miles) contain sections of perennial and intermittent stream flow. The project is located approximately .5 miles upstream of rearing spring/summer chinook habitat within Meadow Creek.

Historic timber harvest removed larger conifers from the valley bottom, reducing the future recruitment of large wood to the stream. Railroad logging has limited floodplain development on Battle and Campbell Creek stream systems. This project will rehabilitate the floodplain and instream habitat through large wood/boulder additions, culvert removal, and old pond dike removal.

The objective is to improve spring/summer chinook habitat, summer steelhead habitat, specifically through improving or increasing the following habitat elements.

· Increase quantity and quality of pools within Meadow Creek

· Increase fish cover

· Increase habitat complexity

· Increase forage availability

· Increase residual pool depth

· Increase number of large and medium pieces of large woody debris in the stream

· Increase spawning gravel recruitment

· Improve stream shade

· Improve floodplain and riparian function

· Increase riparian vegetation

· Improve floodplain connectivity and function

· Improve riparian habitats Location

The Meadow Creek Large Woody Debris Phase I Project is located on Meadow Creek, a tributary to the Grande Ronde River. The project is located on 4 miles of Meadow Creek (approximate RM 10 - 14) (T 3S, R 34E, S 14, 23, 26, 35; T 5S, R 35E, S 26, 27, 32, 33, 34, 35). The project is located within the Meadow Creek Watershed (1706010402); Middle Meadow Creek Subwatershed (170601040202); Reaches 1-2; Union County.

The Battle Creek Large Wood and Floodplain Restoration Project is located in Battle (5 miles) and Campbell Creeks (2 miles) and an unnamed tributary (.75 mile), primarily, within the Starkey Experimental Forest of the LaGrande Ranger District, Wallowa-Whitman National Forest. The project is located within the Meadow Creek Watershed (1706010402); Middle Meadow Creek Subwatershed (170601040202); Union County: T 4S, R 34 & 35E, S 11, 12, 13, 14, 15, 22, 23, 7,& 18.

Tasks for the Meadow Creek Project portion

The Meadow Creek Large Woody Debris Phase I Project would place wood within 4 miles of Meadow creek for a total of 29 structure sites. Two culverts on intermittent streams will be removed (see line item information in the schedule for work windows).

Structure Placement

A total of 29 structure sites will have wood/boulder input within the project.

· The first 14 structure sites (starting from downstream end) will have a total of 64 large pieces of wood with the root wad attached added to each site. There will be 82 boulders used in conjunction with the wood on the first 14 structure sites. A total of 53 large wood pieces and 81 boulders will be hauled in.

· The last 15 structure sites will involve 175 large pieces of wood with the root wad attached and up to 77 boulders. All of the material for these structures will be obtained on site.

· A total of 239 large wood pieces and up to 159 boulders will be placed in Meadow Creek Phase I.

Most of the structures are a combination of root wads and boulders. Three of the structures involve the partial removal of old log sills. Trees will be felled or pushed over on site or obtained through hazard trees and/or blowdown. All of the logs, rootwads, and boulders will be imported into the creek with the use of an excavator, chokers, where needed.

Rehabilitation of all disturbed areas will involve removing ruts and placing slash over the area of disturbance. In addition, old, unused fences will be removed during the rehabilitation process. This fence material will be hauled out by USFS employees.

· Culverts

Two culverts would be removed within the project area. The culverts are located on nonfish-bearing tributaries. The culvert removal will remove the road fill and create a stream channel that will be similar in channel morphology to the channel upstream of the road prism. Wood will be incorporated into the newly created channel.

Tasks for the Battle Creek Project portion

The Battle Creek Restoration Project will add large wood by machine to 5.52 miles of streams. An old railroad grade will be removed from 1.75 miles of Battle Creek. Five culverts will be removed on Battle and Campbell Creeks. Five old in channel pond dikes on Battle and Campbell Creeks will be removed. A more specific project description is located below.

· Large Woody Debris Addition

Approximately 6 miles of stream will have large wood placed into stream channels. Approximately 5.5 miles of stream will have wood placement with machine and 0.5 miles will be placed by felling timber into the stream channel. This would involve 600 - 700 pieces of large wood placed within the project area. All of the wood will be obtained from onsite and will be incorporated into the streams by excavator and/or directly felled into the stream by hand. Approximately 25% of the trees will be pushed over on Battle and Campbell Creeks. The remainder of trees will be felled. No trees over 21 inches dbh will be felled or pushed over. No pinning or digging of logs/rootwads will occur. No boulders will be placed in the streams.

· Floodplain Restoration

Floodplain restoration would occur on 1.75 miles of Battle Creek. There is an old railroad grade that constricts the stream from its natural drainage pattern. In addition, the railroad grade was constructed on the floodplain, which limits floodplain function. The railroad grade would be recontoured, to create a functional floodplain. Tree/shrub removal will be minimized as much as possible. However, some tree/shrub vegetation may need to be removed during floodplain restoration activities. All trees removed will be distributed on the floodplain. Any shrubs removed with enough root mass attached will be replanted adjacent to the stream. Additional logs from the surrounding uplands will be placed within the floodplain.

· Culverts

Five culverts would be removed within the project area. Three of the culverts are located in Battle and Campbell Creeks. The remaining two are located on small intermittent streams. The culvert removal will remove the road fill and create a stream channel that will be similar in channel morphology to the channel upstream/downstream of the road prism. Wood will be incorporated into the newly created channel.

· Old Pond Dikes

There are five old pond dikes located in the headwaters of Battle and Campbell Creeks. These ponds have partially degraded and need to be removed. The fill of the pond dikes would be removed from the stream channel and a new stream channel would be constructed similar to the channel morphology upstream/downstream of the road prism. Wood will be incorporated into the newly created channel.

Work Schedule and Equipment Specifications:

*MEADOW AND BATTLE CREEK FLOODPLAIN RESTORATION PROJECT: Excavator - Equipment rental(s) with Operator

(A) Equipment rental with Operator: 1 tracked excavator - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs. operating weight with thumb and a 36” minimum toothed bucket) for a total of 100 hours. Work period: 7/2/2012 through 7/13/2012.

(B) Equipment rental with Operator: 1 tracked excavator - Service work activities (minimum of 145 hp (fly wheel power) and 44,000 lbs. operating weight with thumb and a 36” minimum toothed bucket) for a total of 100 hours. Work period: 7/2/2012 through 7/13/2012.

(C) Equipment rental with Operator: 2 tracked excavators - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs. operating weight with thumb and two buckets: 36” minimum toothed bucket and 48” minimum clean-out bucket) for a total of 200 hours (100 hours each). Work period: 7/16/2012 through 7/31/2012.

(D) Equipment rental with operator: Dozer with a minimum of 150 hp (fly wheel power) and a maximum of 200 hp and a minimum operating weight of 35,000 lbs. and maximum of 45,000 lbs. – 1 dozer for a total of 90 hours. The dozer needs to come with a 6-way blade. Work period 7/16/2012 through 7/31/2012.

(E) Equipment rental with operator: 1 tracked excavator - Service work activities (minimum of 45 hp (fly wheel power) and 11,000 lbs. minimum to 15,000 lbs. maximum operating weight with thumb and two buckets: 2’ minimum toothed bucket and 3’ minimum clean-out bucket) for a total of 150 hours. Work period: 7/2/2012 through 8/03/2012. Work period 7/16/2012 through 7/31/2012.

(F) Equipment rental with operator: 1 Ten yard dump truck for 5 hours.

All of the equipment and operators below will be worked five: 10 hour days per week (Monday through Friday) for the Equipment Rental with Operator portion of the contract.

*MEADOW AND BATTLE CREEK FLOODPLAIN RESTORATION PROJECT: Rootwad (with log attached) and Boulder Haul

All of the tasks associated with the rootwad and boulder haul (located below) can occur simultaneously.

(1) Push over and/or excavate and create 53: 60’ log with rootwads attached (8 trees > 30” dbh, 27 trees > 25” dbh, 4 trees > 21” dbh, & 14 trees > 18” dbh). Trees are within and adjacent to the Starkey Experimental Forest (refer to attached map). Limbs will be left on the logs as much as possible. The USFS will conduct all saw work on the trees, which would involve bucking, and partial limb removal. Work period: 6/18/12 through 6/29/12.

(2) Load, transport, haul and stage the created 53: 60’ log with rootwads attached (8 trees > 30” dbh, 27 trees > 25” dbh, 4 trees > 21” dbh, & 14 trees > 18” dbh). Limbs will be left on the logs as much as possible. Staging will occur at 8 locations identified adjacent to Meadow Creek. These 8 locations will be located just off of the road prism to be used for structures 1-5, 6, 7, 8, 9, 10, 11, and 12-14. The USFS will conduct all saw work on the trees, which would involve bucking, and partial limb removal. Work period: 6/18/12 through 6/29/12.

(3) Transport and stage the 53: 60’ logs with rootwads attached to the streambank edge of Meadow Creek at 14 designated structure sites (refer to map). Limit soil and vegetation disturbance as much as possible. Work period: 6/18/12 through 6/29/12.

(4) Rehabilitate areas only where 53:60’ logs with rootwads attached are obtained. This will involve removing ruts and placing slash over the area of disturbance. Work period: 6/18/12 through 6/29/12.

(5) Load, transport, haul and stage 81 boulders (3’x3’ – 5’ x 6’) at the same location as (2). The boulders will be obtained from designated areas located on two attached maps. During the boulder haul from the Cable Creek Quarry Site, the excavator and operator will stockpile pit run material when not loading trucks. Work period: 6/18/12 through 6/29/12.

(6) Transport and stage the 81 boulders to the streambank edge of Meadow Creek at 14 designated structure sites (refer to map). Limit soil and vegetation disturbance as much as possible. Work period: 6/18/12 through 6/29/12.

(7) Rehabilitate areas only where boulders are obtained. This will involve removing ruts and placing slash over the area of disturbance. Work period: 6/18/12 through 6/29/12.

Log and Boulder Quality

All logs with rootwad attached that are pushed over, transported and staged must be inspected by the USFS COTR prior to acceptance. The logs with rootwad attached need to be 60’ long, free of cracks, with large rootwads attached to the bowls. Limbs will need to be retained, as much as possible.

All boulders transported and staged must be inspected by the USFS COTR prior to acceptance. The boulders must be at least 3’ x 3’ in size and without large fractures.

Mobilization

Mobilization to the project and mobilization out at the completion of the project is incidental to the project work and will not be a separate pay item under this contract. However, movement of equipment between project work sites will be paid at the hourly equipment rate for the equipment being moved under the equipment rental with operator portion of this contract (only). The method of movement of equipment between project work sites is at the discretion of the contractor except movement along a paved road shall be by truck and trailer/lowboy.

Fueling

Fueling will not be a separate pay item under this contract. The fuel, fueling time, and cost of the equipment needed for fueling needs to be compensated within the hourly rates for equipment rental.

Maintenance

All equipment used for instream work shall be cleaned and leaks repaired prior to entering the project area. External oil and grease, along with dirt and mud would be removed prior to construction operations. Thereafter, equipment would be inspected daily for leaks or accumulation of grease, and fix any identified problems before entering streams or areas that drain directly into streams or wetlands. It is assumed that maintenance will be completed by the contractor on a daily basis and that the equipment will be maintained and ready to go at the appropriate starting time each day.

Rehabilitation

Rehabilitation will be minimized by removing the least amount of vegetation removal and soil necessary to complete the project.

The government reserves the right to request a new operator for any of the equipment, if that operator is not capable of performing work in a safe, efficient, and proficient level.

Instructions to Offerors

OFFRES MAY BE SENT TO THE ADDRESS LISTED IN BLOCK 9 OF THE 1449 OR BY E-MAIL TO GMSMITH@FS.FED.US OR BY FAX TO 541-278-3845 52.212-1 Instructions to Offerors—Commercial Items (Feb 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

· Relevant Past performance (list of similar projects completed in the past 3 years).

· Proposed Equipment (see schedule)

· Safety/ Pollution/ Erosion Control Plan

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

EVALUATION, NEGOTIATION AND AWARD PROCESS

Proposals will be evaluated and rated to determine which offerors are within a competitive range, price and other factors considered. Award may be made without further negotiations. Proposals should be submitted initially on the most favorable terms that the offeror can submit to the Government, from both price and technical standpoints. However the Government may, after evaluation of proposals, conduct further oral or written discussions as appropriate, with all offerors whose proposals are within a competitive range. Proposals that do not address one or more criteria or sub-factors, may not be considered further for award.

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 score in this criteria. A neutral score will be established as the average of all other competing offerors, or the average of the total score available, whichever is less.

Award Statement. Award will be made to that offeror:

(1) whose proposal is technically acceptable and

(2) whose technical/price relationship is the most advantageous to the Government.

The critical factor in making any price/technical trade-offs is not the spread between the technical ratings, but rather the significance of that difference. The significance of the difference in ratings will be determined on the basis of what that difference is and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for fulfilling the requirements of this contract. The Government reserves the right to make price/technical trade-offs that are in the best interest and to the advantage of the Government.

52.212-2 Evaluation - Commercial Items. (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Proposal A firm’s Technical Proposal will be evaluated based upon their relevant past performance, response to their technical approach, and the qualifications of the key personnel proposed. The factors are listed in descending order of importance.

(i) Relevant past performance: Relevant past performance is a measure of the degree to which an offeror, as an organization, has satisfied its customers. Each offeror will be evaluated on their performance under existing prior contracts of a similar size and complexity. The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted Performance Information. Additionally, personal experience and evaluator knowledge of offeror performance may be utilized.

A contractor would be highly rated under Relevant Past Performance if, in the last three years, the offeror has completed 1 project of similar size and complexity and the customers contacted, rate the offeror highly.

(ii) Proposed equipment: The evaluation board will evaluate quotes based on what equipment the government believes is the most conducive to efficient performance of the specified work. The offeror should include the type of equipment (includes make, model, condition of equipment, hours on each piece of equipment) that will be used to perform the work. If the offeror plans to use equipment that is different than what is recommended in this contract, provide the fly wheel power, operating weight, make, model, condition of equipment, and hours on each piece of equipment. The proposed equipment should include the type of equipment needed to fuel and provide maintenance to the excavator(s).

A contractor would be highly rated under this element if they can clearly show that the equipment proposed will meet or exceed the government’s requirements under each element. If older pieces of equipment are proposed the contractor shall provide additional information identifying the upgrades to make it comparable to newer low hour machines.

(iii) Safety/ Pollution/ Erosion Control Plan: The offeror’s plan shall be evaluated on its completeness with regards to every day work activities for the offeror’s company. Additionally, the plan shall include specific information with regards to the actual work activities as identified in the schedule.

A contractor would be highly rated under this element if they are able to clearly articulate their company’s mitigation plans for general company safety as well as specific pollution and erosion control for this project.

(iv) Price: The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based, or when the price is so significantly high is to diminish the value of technical superiority to the Government.

Technical/ Past Performance, when combined, are approximately equal to all other factors.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) Evaluation Board Criteria:

The Technical Evaluation Board (TEB) will evaluate each proposal strictly on its content and will not assume that performance will include anything not specified in the proposal. The evaluation will be conducted in accordance with the procedures established herein. The TEB will then assign to each evaluation criterion a final adjective consensus rating of exceptional, acceptable, marginal, or unacceptable based on the following descriptions:

EXCEPTIONAL: The proposal is very comprehensive, in-depth, clear and uniformly outstanding in quality. Consistently high quality performance can be expected. The proposal, as written, exceeds requirements and demonstrates an exceptional understanding of goals and objectives of the acquisition. One or more major strengths exist. No significant weaknesses exist.

ACCEPTABLE: The proposal meets all minimum requirements and generally is of high quality. Proposal demonstrates an acceptable understanding of goals and objectives of the acquisition. There may be both strengths and weaknesses, but the strengths outweigh the weaknesses. Deficiencies are minor and easily corrected. Proposal is acceptable as written. Satisfactory performance can be expected.

NEUTRAL: Use this rating for the past performance factor only. Offeror(s) does not have a record of relevant past performance or information regarding past performance is not available.

MARGINAL: The proposal fails to meet minimum requirements. Proposal demonstrates a fair understanding of the goals and objectives of the acquisition. Weaknesses outbalance any strengths that exist. Weaknesses will be difficult to correct and would require negotiations.

UNACCEPTABLE: The proposal fails to meet minimum requirements. Proposal fails to meet an understanding of the goals and objectives of the acquisition. The proposal has one or more significant weaknesses that will be very difficult or impossible to correct. Major proposal revision(s) are required for minimum acceptability.

52.215-5 Facsimile Proposals. (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: [541-278-3845].

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document -

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of provision)

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of an IDIQ, Time and Materials contract resulting from this solicitation.

(End of provision)

Representations, Certifications, and Other Statements of Offerors or Respondents

52.212-3 Offeror Representations and Certifications-Commercial Items. (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision -

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent…