Amendment_3.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

USDA Forest Service Black Hills National Forest

8221 S. Hwy. 16 Rapid City, SD 57702 USDA Forest Service

Black Hills National Forest

8221 S. Hwy. 16

Rapid City, SD 57702

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AG-67T0-S-13-0007

9B. DATED (SEE ITEM 11)

04/17/2013

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10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers FORMCHECKBOX is extended, FORMCHECKBOX is not extended.

Offers 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 ACKNOWLEDGMENT 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 MODIFICATIONS OF CONTRACTS/ORDERS,

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

THE CONTRACT ORDER NO. IN ITEM 10A.

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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).

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C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

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D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor FORMCHECKBOX is not, FORMCHECKBOX is required to sign this document and return 1 copies to the issuing office.

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

Thinning/Fuel Reduction HC IDIQ The purpose of this amendment is to address the minutes of the pre-proposal meeting, changes to the the solicitation, and revised date proposals are due.

All other terms and conditions shall remain unchanged.

Reference pages 2-11

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.

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Prescribed by GSA

FAR (48 CFR) 53.243

MEMORANDUM FOR RECORD

May 07, 2013

SUBJECT: Amendment 3, Preproposal Meeting Minutes and changes to the solicitation, Black Hills National Forest, Solicitation AG-67T0-S-13-0007, Thinning/Fuel Reduction HC IDIQ

Attending Pre-proposal Meeting:

William Highland 605-716-1883 Admin. Contracting Officer US Forest Service

Alfred Heinrich 605-673-9355 Contracting Officer

US Forest Service

Joe Harbach

605-673-4853

COR

US Forest Service Robert Christofferson 218-467-3441 Owner

Christofferson Logging

The meeting was opened by the C/O, who went through the solicitation package and discussed the following areas:

· Request for Proposals are being utilized for the resulting award of the contract.

· The Schedule of Items reflects a base and two option years.

· Contractors are strongly encouraged to address the evaluation factors in their proposals.

· Fax quotes are not authorized.

· Acquisition is a Total Small Business set aside.

· Ensure DUNS number & Tax ID No. is provided on the Schedule of Items

· Amendments 1 & 2 were initiated and contractors will need to acknowledge that they received all amendments.

· Insurance coverage in the amounts stated in AGAR Clause 452.228-71 will be required before work is performed.

· South Dakota Service Wage Determinations are to be complied with under the contract.

· Offerors submitting a Request For Proposal are required by the FAR to use the System for Acquisition Management (SAM) (www.sam.gov). S.A.M registration expires on an annual basis and that it would be prudent to check that it has not expired. In addition, contractors shall have completed their Online Reps. & Certs. Application (ORCA), to be considered for award.

· Fire Prevention and Control must be followed.

· Contract work may be suspended during extreme weather conditions.

The Contracting Officer Representative addressed the technical aspects of the project.

William Highland

Contracting Officer

PROPOSAL DUE DATE IS HEREBY CHANGED FROM:

The following shall be added to the solicitation:

1. Reference Standard Form SF-1449, Block 8 OFFER OR DUE DATE/LOCAL TIME. Change date from 05/17/2013 to 05/20/2013. Time shall remain unchanged.

2. Reference Page 72-74 Delete FAR 52.212-12 Evaluation –Commercial Items (JAN 1999) Replaced with revised FAR 52.212-12 Evaluation –Commercial Items (JAN 1999) (Reference Attachment Exhibit 1)

3. SECTION K SOLICITATION REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF QUOTERS:

Exhibit 2: MIGRANT SEASONAL WORKERS PROTECTION ACT/ FARM/FOREST LABOR LICENSE CERTIFICATION (Certification to be submitted with quote.)

(Reference Attachment Exhibit 3: CONTRACTOR SAFETY PLAN CERTIFICATION (Certification to be submitted with quote.)

(Reference Attachment) Exhibit 4: AGAR 452.209 – 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012) ALTERNATE 1 (FEB 2012) (To be submitted with quote.)

(Reference Attachment) Exhibit 5: 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. (NOV 2011) (Reference Attachment)

EXHIBIT 1

FAR 52.212-2 Evaluation--Commercial Items (JAN 1999) Factor 1. WORKFORCE/TASK ORDER MANAGEMENT

A. Describe your technical methodology in regards to managing multiple task orders that range from 600 – 1,500 acres, running concurrently for a period of one year. Contractors unable to manage less than 600 acres per year will not be considered for award.

B. Describe your plan to accomplish the work as identified in the statement of work including your utilization of subcontractors if any. Provide the address of businesses that will perform the work of this solicitation (prime contractor as well as any subcontractors).

1) Indicate by percentage who will accomplish the work.

2) Identify subcontractors, if any, and what work they will provide.

The total percentage of work for the project should equal 100 percent.

EVALUATION CRITERIA:

A. The Government will evaluate proposals which identify the contractor’s capabilities in managing large and or multiple task orders in a one year period.

B. The Government will evaluate workforce based if they meet the requirements of clause 52.219-14 Limitation on Subcontracting and 52.209-6 protecting the Government’s interest when subcontracting with contractors debarred, suspended, or proposed for debarment. Failure to provide the requested certifications in Section K may cause proposal to be found non-responsive.

FACTOR 2. PAST PERFORMANCE.

Proposal preparation Instructions:

Provide information in a format showing relevant or similar work experience of your personnel and/or past performance of your company in performing timber stand improvement or fuel reduction work as defined in the statement of work.

A. Provide details of work performed on all similar contracts within the last three years. For each contract or project listed, provide the following information:

a) Name of the project and Contract number

b) Brief descriptive narrative of the project (less than ½ page per project)

c) Location of the project,

d) Period of performance

e) Dollar value of contract or project,

f) Name of the Government Agency, Company, or Individual contracting the work,

g) Agency/company/contact point with the name and phone number of the Contracting Officer, project Engineer (if a non-government project), or individual administering the project, and

h) Copy of any evaluations that you received for relative/similar work in the past three years.

EVALUATION CRITERIA: The Government will evaluate the contractor’s response based on the information provided for relevancy of same or similar type of work as stated in the performance work statement. Further evaluation of relevant past performance will follow the evaluation criteria as identified in Contractor Performance Assessment System (CPARS). The Government may or may not contact any or all references listed dependent upon historical information available through CPARS, agency personnel knowledge, local past performance information, and any evaluations provided. The Government will be evaluating the contractor’s past performance on: quality of product or service, timeliness of completion of projects, problem identification and resolution, issuance of delinquency notices and resolutions, managing subcontractors if utilized, contractor’s cooperative behavior, how contractor’s performance affects contract administration.

FACTOR 3. SUSTAINABLE PROCUREMENT PROGRAM

Proposal preparation Instruction:

(a) Identify all recycled content products, biobased products, environmentally preferable products and service, and non-ozone depleting substances to be acquired, used, and installed in the performance of the contract;

(i) If the Contractor proposes to use non-designated products, the Contractor should provide written justification.

(b) Past performance experience with the use of sustainable products in service and construction contracts; and

(c) Identify past sustainable product project management experience contracts performed using sustainable products and dollar amount.

EVALUATION CRITERIA: The Government will evaluate quotes identifying the company’s sustainable procurement program based on the response to the items identified above. Compliance will be assessed based on the information provided. Refer to 52.223-1 Biobased Product Certification and 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

FACTOR 4. PRICE

Proposal preparation Instruction:

EVALUATION CRITERIA: The Government will evaluate price independently of Factors 1, 2, and 3 above. Upon completion of evaluation of the technical factors, price will be considered in the final evaluation.

The Government will evaluate offers in accordance with FAR 12.2. Best value will be based upon the evaluation criteria and price. The Government reserves the right to award a contract to other than the lowest priced offer if a higher priced offer is judged to have a higher performance/qualification confidence rating. In that event, the contracting officer shall make an integrated assessment best value award decision.

RELATIVE IMPORTANCE: Factors 1, 2, & 3 when combined, are approximately equal to price.

(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)

EXHIBIT 2

MIGRANT SEASONAL WORKERS PROTECTION ACT/ FARM/FOREST LABOR LICENSE CERTIFICATION: (Certification to be submitted with quote.)

Subcontractors are bound by the same requirements for licenses and permits under this contract. Contractor shall provide subcontractor certification with quote.

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Company will be Utilizing Migrant Workers:

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Has valid license.

In accordance with the responsibility for obtaining necessary licenses and permits, Contractors shall supply their Federal Farm Labor Contractors Certificate.

Attach a copy of Valid Farm/Forest Labor Contractor's License.

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Has applied for license.

Contractors not currently having obtained a license (for each partner, if partnership) will be requested to furnish proof of having obtained a license prior to award of contract. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of No._______________________

Information about licensing requirements and procedures may be obtained from the following:

Department of Labor, Wage and Hour Division, FORMCHECKBOX

Company will not be utilizing Migrant Workers

Company will not be utilizing migrant workers on this contract.

I, on behalf of said Company, certify to the above responses.

Signature

Date

Printed Name

Title

EXHIBIT 3

Contractor Safety Plan Certification (Certification to be submitted with quote.)

a. The Contractor shall have a Safety Plan in place.

b. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

c. The Safety Plan should be available to all employees and subcontractors working on the contract.

d. The Safety Plan should cover at a minimum:

i. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract

v. Communication issues and locations of the nearest medical facilities

vi. Name and point of contact information of supervisor responsible for enforcing Safety Plan

vii. Name, position title and point of contact information of company executive responsible for approving the Safety Plan

viii. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project

Signature:___________________

Title:_______________________

Date:_____________________

EXHIBIT 4

AGAR 452.209 – 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012) ALTERNATE 1 (FEB 2012) (To be submitted with quote.)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer. Attachment 1 AGAR Advisory 104 Attachment 1, AGAR Advisory 104

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

EXHIBIT 5

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. (NOV 2011)

(a) Definitions. As used in this provision--

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies.

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirement of paragraph (c)(2) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.