Amendment1_Pre_Bid_Meeting_Notes.doc

AMENDMENT #1 DATED 03/26/09

SOL. NO: RFP AG-8197-S-09-0012

UNIT: CORONADO NF, Forest-Wide

PROJECT NAME: IDIQ ROADS

Pre-proposal Meeting Minutes Representing the Government:

Sylvia Nunez, Contract Specialist

Mark Hostetler, Contract Specialist

Elisa Baca, Contract Specialist Trainee

Walt Keyes, Civil Engineer, Coronado

Gary Miller, Forest Engineer, A/S

The following businesses were represented:

Mercury Constructors Inc., Phoenix, AZ

Marsh Development, Sonoita, AZ

RBG/HCC, Gilbert, AZ

Rim Line Trucking and Excavation, Inc., Safford, AZ

Safe & Secure Construction, Chandler, AZ

TB Contractors, Tucson, AZ

Soto Construction Company, Tucson, AZ

Trinity Southwest Contractors, Cortaro, AZ

Native Son Contracting, Tucson, AZ

Pima Paving Inc., Tucson, AZ

MRM Construction Services, Inc., Phoenix, AZ

D.D. Haught, Inc., Payson, AZ

A & S Paving, Tucson, AZ

Westpoint Contractors, Tucson, AZ

Mesquite, Inc., Twin Falls, ID

Sunland Asphalt, Tempe, AZ

Production Contractors, Inc., Tucson, AZ

Innova Environmental Engineering, Tucson, AZ

Cactus Asphalt, Tolleson, AZ

JTS Construction, Safford, AZ

Red Elk Construction, Pearce, AZ

Kobalt, Inc., Tucson, AZ

Discussion/Clarification:

1. The Request for Proposals was reviewed. The following sections were emphasized:

- Section B, Schedule of Items

- Section G, Contractor Registration Process, Requirement for DUNS/CCR and ORCA

- Section L, Instructions, Conditions and Notices to Offerors

- Section M, Evaluation Factors for Award, Requirement to submit complete and thorough information in order to evaluate for past performance and technical capabilities.

2. Reference Part I – The Schedule, Section B – Supplies or Services and Prices/Costs

Item No. 36 A, Traffic Control Operation. Flagging activities and traffic control plan must follow the Manual on Uniform Traffic Control Devices (MUTCD).

3. Reference Part I - Section B – AGAR 452.216-73, Minimum and Maximum Contract Amounts (FEB 1988), page 21 of 95. During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $500.00, but not in excess of $500,000.00 for each contract awarded under Multiple Award IDIQ format. Total of all awarded contracts, combined, shall not exceed $5 million.

4. Reference Section E – Inspection and Acceptance. FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR). “ The contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,”

5. Reference Section I – Contract Clauses. Bonding requirements are incorporated by reference in FAR 52.228-15, Performance and Payment Bonds – Construction (NOV 2006) page 41 of 95 and FAR 52.228-13, Alternative Payment Protections in full text on page 50 of 95. Requirement of Miller Act to provide performance and payment bonds on federal contracts/task orders exceeding $25,000.00.

Questions by Schedule of Items Line Number:

Item 1) A, B, and C. Will you provide gradation specification for each? Now included in Schedule of Items; see Pay Item #1 (modified Schedule attached). Items A and B could be combined into 1” minus gradation. Yes, but not our intent as we need Base and Surface aggregate.

Item 1) D. Per item D, Rip Rap is 1’-4’ (1 foot – 4 foot) is this correct? Typical gradation specs are D50= 8”, D50=12”, D50= 18”, D50=24”, etc. Typically, it is broken down into these gradations because the costs to screen and produce increases as your gradations get larger. Understood, however anything that falls into that range is acceptable, thus allowing for some locally sourced material to be used. If we need a tight gradation we will purchase it separately.

Item 2) A,B. Are mobilization costs for the operator to the site included in the hourly rate? Mobilization for the operator is included in Item #16, Service Vehicle, as the operator's equipment will need fuel and accessory care. The economics, and therefore the competitive position of any contractors total package for a particular operation requested by the USFS task order will include his total billable costs which in most cases will include a once per day round trip by a service vehicle driven by the operator and which should also carry a reasonable number of other operators going to the same location, depending on the total number of pieces of equipment sourced from the contractor.

Item 3) A,B. Is the mobilization in this item specifically for the operator? Yes as it is assumed that an operator will be driving the Blade in order to mobilize the Blade by "roading" it in many cases. Mobilization which would otherwise involve an extended "roading" by the Blade may optionally be performed by substituting Pay Item #11, Transport, for the equivalent "roading" transport time to cover the same terrain, at the option of the USFS, based on economics and time constraints.

Item 4) A. Are prevailing wage rate for Haul Vehicle operators to be included in all hours of operation or only during the time inside a specific projects limits? Use round-trip time for haul vehicles. This includes standby time within project limits.

Item 5) A,B. Are prevailing wage rate for Haul Vehicle operators to be included in all hours of operation or only during the time inside a specific projects limits? See answer to 4).

Item 6) A,B. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).

Item 7) A. Can you provide a specific description of equipment and is this to supply equipment only. This is to supply and operate the Grid Roller--which is to be pulled by a Blade (paid for separately) or most economical piece of equipment which can do the job. A Grid Roller is an obscure on-road rock crusher and rock-seater. Here is an example: http://www.ironplanet.com/jsp/s/item/124508?h=405,450 Here is a good description: http://www.vannattabros.com/iron7.html

Item 8) A,B. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).

Item 9) A,B,C. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).D. Is this item a duplicate of item 9) A.? No, this is exactly like item A except there is no cost of the Excavator and Hammer (just the cost of the Operator, who will operate equipment rented by the USFS). If not, are mobilization costs for the operator to the site included in the hourly rate? See answer to 2), exclusive of Excavator/Hammer servicing/fueling costs.

Item 10) A,B. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).

Item 11) A. Are prevailing wage rate for Transport operators to be included in all hours of operation or only during the time inside a specific projects limits? See answer to 4).

Item 12) A. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).

Item 13) A. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).

Item 14) A. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).

Item 15) A. Are mobilization costs for the Laborer to the site included in the hourly rate? See answer to 2).An inexpensive Service Vehicle (Item #16) option obviously would improve the economics of ordering a Laborer if no other equipment and operators were being sourced from the same contractor for a particular job.

Item 19) A. Is this a duplicate of item 12 A? Yes. Delete Item #19 entirely. Are mobilization costs for the operator to the site included in the hourly rate? See answer to 2).B. Are we to figure in the costs to demobilize this equipment or would item 11 A. Transport be a better way to capture these costs. Mobilization costs for an Item like this would usually be paid under Item #11.

Item 21) A,B,C,D. These items specify the use of specific product and specialized equipment. This inherently will increase costs due to the minumal amount of suppliers and certified installers. Can we provide an alternate cost using other dust suppression and/or soil stabilization products? Yes, please use the new Item #21-B and -C Pay Items and clearly identify the product, pricing and mobilization location.

Item 22) A,B,C. Is the request for pricing only for the fabricated metal and does not include the structural concrete to support the fabricated metal? Any HS-20 load rated all-steel Cattle guard will suffice--no concrete desired--either precast or cast in place. W W Cattleguards LLC of Lakeside, AZ, manufactures these. However, online research may provide other sources.

Do you have a drawing or will you require cut sheets for the proposed fabricated metal? Product is from named vendor or approved equal. Approval of equal is simply submission of cut sheets for approval, or visual inspection by USFS Contracting Officer's Representative.

Item 23) A,B. Note under these items state “Delivery and installation will be provided under other applicable pay items”. Can you clarify which other applicable pay items will be utilized for delivery and installation? Typically, the fabricator will also do the installation. It is anticipated that transport and installation will be paid for using a combination of Items #5 or #11, and #5 and #10 respectively, and #16, in addition to the purchase of the product under #23.

Item 24) A,B. Are concrete, bedding material, galvanized culvert, and galvanized bands to be supplied and included in these items, or will they be supplied under other items? Concrete Slurry is Item #25-C and bedding material will be paid from Items #1 and #5 in most cases. Culverts are paid for as Items #25-E and -F. Delivery of culverts and band will be paid for as necessary under Item #5.

Item 25) A,B. Are concrete, bedding material, galvanized culvert, and galvanized bands to be supplied and included in these items, or will they be supplied under other items? See answer to Item #24.

Item 26) A,B,C. These items request a price per each. Because the cost to install 1 each and the cost to 50 each would be significantly different, will you consider breaking these items into an installation crew rate? No, however assume a minimum of an 8-hour day for payment purposes.

Item 27) A,B,C,D,E. These items request a price per each and or linear foot. Because the cost to install 1 EA/1 LF and the cost to 50 EA/LF would be significantly different, will you consider breaking these items into a installation crew hourly rate and a separate EA/LF price? Striping now includes a 2000 linear foot minimum order. Individual items (Stop Bars, Logos, Arrows) will be a minimum of 1, but will be paired with at least one order of 2000 linear feet of stripe.

Item 28) What does the abbreviation ‘UPM’ stand for? UPM stands for Unique Paving Material. This is a brand - name. For this solicitation, UPM or approved equal cold patching material can be used.

Item 33) A. Can you provide drawing for MSE Wall? The MSE walls are already detailed in specification "255 -- Mechanically Stabilized Earth Walls". Within that spec there are "calls" to other specs, such as "Mechanically stabilized earth wall material....720.01", etc. (all of which are from the FP-03, which is the Federal Highways specification book which is itself "called out" on existing page 54 of 95 in the Solicitation).

B. This item could be paid for under items 1.A, and 5A,B. Some of it could, but not the supply and handling/assembly of the steel materials and subsequent compaction. Are we required to provide a price on this item? No, nor on any particular Item and/or Zone.

Miscellaneous Questions:

a) Question: Will certified payrolls be required? Yes.

b) Question: Due to the amount of questions to be answered, will you extend response date? The response date for bids has been extended to Wednesday, April 15, 2009.

c) Question: Zones 1, 2, and 3 were not identified in the solicitation. This will be addressed in the amendment.

d) Question: There were concerns regarding fluctuation in the prices of asphalt, concrete and diesel. Will there be an economic price adjustment applied to all vendors who are awarded a contract? The economic price adjustment is still being worked on. A separate amendment will address this question.

e) Question: The solicitation package states that companies issued task orders are to employ a fire plan representative to train and supervise in fire prevention and protection, but there is no stating on how to track and bill this position. There is no line item for a fire plan rep. in the schedule of items, or any other supervision for that matter. Are we to factor in these positions in the rates related to the schedule of items? For this work, task orders will be issued taking into consideration district fire restrictions and closures. An operator or laborer can be designated the responsibility of using a shovel, fire extinguisher, or being the fire-watch. Cost of this should be incorporated in the hourly rate for the operator or laborer.

f) Question: Is there a specification for cattle guards? Included in the Schedule of Item now is a requirement for "Cattle Guards, HS-20 Loading, P.E. Stamped, Steel Grids, with steel or precast concrete bases, Pay Item to include necessary hardware (brackets, bolts, etc.) and wire for installation and incorporation into existing fence line."

g) Question: Does the unit price for cattle guards include the base or is it just the grate? It includes the base and grate. The grate (grid) must be steel.

h) Question: Do the welds have to be certified? No.

i)Question: When the term power broom is used, can this be a sidecast type of broom or are you requiring the vacuum/pickup type of broom? The majority of the work calls for a sidecast power broom.

j)Question: Item 1 refers to the various types of materials as stockpiled. Are we to assume by stockpile that the material has to be hauled to the various zones and stockpiled there or are you referring to the material being purchased and still sitting at the pit awaiting transportation to the different zones? The Government will be seeking to use existing sources of stockpiled materials. Materials to be delivered FOB to site. Hauling will be paid under a separate item.

Changes:

Reference Standard Form 1442, Solicitation, Offer, and Award

Changes to item No. 10. The Government Requires Performance …

Deleted: “Small Building Construction (non-residential), and small construction of non-residential buildings and guardrail construction,” from the description. Add to description: “This is an option contract. It is the Government’s intent to award a base year plus 2 option years.”

Change to item No. 10. Added: Some funding for this solicitation will be provided by the American Recovery & Reinvestment Act (ARRA).

Change to item No. 11. “The Contractor shall begin performance within 10 calendar days and complete it within time specified calendar days after receiving the Notice to Proceed”.

Change to item No. 12A, 12B. The contractor to furnish any required performance, payment bonds, or alternative payment protections within 10 calendar days.

Reference Section C- Description/Specifications/Statement of Work, Scope of Contract.

Add to end of paragraph: “Contractor is not required to propose an offer for all line items or all Zones. Contractor may offer only those line items for which the contractor has expertise, equipment, and materials. Task orders issue by the Government may be declined by the contractor at his/her election.

Reference Part I – The Schedule, Section B – Supplies or Services and Prices/Costs

Zones are identified as follows: Zone 1 Cochise County, AZ, and Hidalgo County, NM, Zone 2 Graham County, Zone 3 Pima and Santa Cruz Counties.

Reference Part I – The Schedule, Section B – Supplies or Services and Prices/Costs

Remove the Schedule, pages 3 – 17 replace with pages 3 – 17 with amended date 3/26/2009.

Reference Part II – Contract Clauses. Add Option Clause, 52-217-5 Evaluation of Options. FAR 52.216-8.

Reference Part II – Contract Clauses. FAR 52.216-18 Ordering (OCT 1995), page 34 of 95. Fill in blanks as follows: “Such orders may be issued from award date through September 30, 2009”.

Reference Part II – Contract Clauses. FAR 52.216-19 Order Limitations (OCT 1995), (d), 35 of 95. Do pen and ink change: N/A.

Reference Part II – Contract Clauses. FAR 52.222-31, Davis-Bacon Act Price Adjust (Percentage Method) (Dec 2001), page 36 of 95 (b) (1). Do pen and ink change: N/A

Same clause, (b). Do pen and ink change: (2) “ The Contracting Officer will increase the portion of the contract price or contract unit price(s) containing the labor costs subject to the Davis-Bacon Act by percentage rate published by the Department of Labor in the Federal Register.”

Reference Part II – Contract Clauses. Add: FAR 52.225-10, Notice of Buy American Act Requirement—Construction Materials, in solicitations containing the clause at 52.225-9. If insufficient time is available to process a determination regarding the inapplicability of the Buy American Act before receipt of offers, use the provision with its Alternate I.

Reference Part II – Contract Clauses. Add: FAR 52.225-XX Required Use of American Iron, Steel, and Other Manufactured Goods and Buy American Act —Construction Materials.

As prescribed in 25.1102(e), insert the following clause:

Required Use of American Iron, Steel, and Manufactured Goods and Buy American Act—Construction Materials (DATE)

(a) Definitions. As used in this clause—

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act (Pub. L. 111-5),) by requiring that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for unmanufactured domestic construction material .

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows: None.

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the American Recovery and Reinvestment Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the American Recovery and Reinvestment Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the American Recovery and Reinvestment Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 1:

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site.]

Reference Part II – Contract Clauses. Add: FAR 52.225-YY Notice of Required Use of American Iron, Steel, and Other Manufactured Goods and Buy American Act—Construction Materials.

As prescribed in 25.1102(e), insert the following provision:

Notice of required Use of American Iron, Steel, and Other Manufactured Goods and Buy American Act—Construction Materials (DATE)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” and “steel,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods and Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-XX).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-XX in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the American Recovery and Reinvestment Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of section 1605 of the American Recovery and Reinvestment Act or the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price—

(i) 25% of the offered price, if foreign iron, steel, or other manufactured goods used as construction material; and

(ii) 6% of the value of foreign unmanufactured construction material included in the offer.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-XX, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-XX for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-XX does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

Alternate I (DATE). As prescribed in 25.1102(e), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-XX.

Reference Part II – Contract Clauses. Add: FAR 52.225-ZZ Required Use of American Iron, Steel, and Other Manufactured Goods and Buy American Act—Construction Materials under Trade Agreements.

As prescribed in 25.1102(e), insert the following clause:

Required Use of American Iron, Steel, and Other Manufactured Goods and Buy American Act—Construction Materials under Trade Agreements (DATE)

(a) Definitions. As used in this clause—

“Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act (Pub. L. 111-5), by requiring that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States;

(ii) The Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for unmanufactured domestic construction material other than iron and steel; and

(iii) The WTO GPA and Free Trade Agreements (FTAs). Therefore, the restrictions of section 1605 American Recovery and Reinvestment Act and the Buy American Act are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

None.

(4) The Contracting Officer may add other construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the American Recovery and Reinvestment Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the American Recovery and Reinvestment Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the section 1605 of the American Recovery and Reinvestment Act or the Buy American Act applies, use of foreign construction material other than that permitted by trade agreements is noncompliant with the applicable Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Measure

(Dollars)*

Item 1:

Item 2:

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site).]

Reference Part II – Contract Clauses. Add: FAR 52.204-XX American Recovery and Reinvestment Act-Reporting Requirements

(a) Definitions. As used in this clause - “First-tier Subcontract” means a subcontract awarded directly by a Federal government prime contractor funded by the Recovery Act.

"Jobs Created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result a result of funding by the American Recovery and Reinvestment Act (ARRA). This definition covers only positions established in the United States and outlying areas (see definition in 2.101.) The number shall be expressed as “full-time equivalent” which shall include full-time, part- time, temporary, permanent, positions as expressed as a “person-year,” consistent with the contractor’s existing personnel procedures. This includes positions at the prime level, and the prime contractor’s estimate of positions at the first subcontract tier.

"Jobs retained" means an estimate of those previously existing unfilled positions that are filled as a result of funding by the American Recovery and Reinvestment Act (ARRA). This definition covers only positions established in the United States and outlying areas (see definition in 2.101.) The number shall be expressed as “full-time equivalent” which shall include full-time, part- time, temporary, permanent, positions as expressed as a “person-year,” consistent with the contractor’s existing personnel procedures. This includes positions at the prime level, and the prime contractor’s estimate of positions at the first subcontract tier.

“Total Compensation” means the complete pay package of contractor employees, including all forms of money, benefits, services, and in-kind payments, consistent with the regulations of the Securities and Exchanges Commission at 17 CCR 229.402.

(b) This contract requires products and/or services which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor that receives contracts from a Federal agency under the Recovery Act to report on use of funds.

(c) Reporting starts with the later of the first calendar quarter in which the contractor invoices the Government for work funded by Recovery funds, or the second calendar quarter of 2009. Reporting is required not later than 10 days after the end of each calendar quarter. The Contractor shall report the following information, using the online reporting tool available at ____________. If the tool is not available when the contractor’s report is due, the contractor shall maintain the data necessary to report for that quarter when the tool becomes available or submit the report in hard or soft copy if required by the Contracting Officer.

(1) the amount of recovery funds invoiced by the contractor, cumulative since the beginning of the contract;

(2) a detailed list of all services performed or supplies delivered for which the contractor has invoiced, including –

(i) project title, if any;

(ii) a description of the project;

(iii) an assessment of the contractor’s progress towards the completion of the requirements of the contract (i.e., not started, less than 50% completed, completed 50% or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(iv) an estimate of the number of jobs created by the project, in the United States and outlying areas; and

(v) an estimate of the number of jobs retained by the project, in the United States and outlying areas. A job cannot be reported as both created and retained.

(3) the Government contract number.

(4) Names and total compensation of each of the five most highly compensated officers for the calendar year in which the contract is awarded if –

(i) in the Contractor’s preceding fiscal year, the Contractor received--

(A) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) the public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(5) detailed information on any first-tier subcontract over $25,000, where the subcontractor is not an individual, awarded by the contractor, funded under the Recovery Act, to include the following:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and of the subcontractor’s parent company, if any.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System code.

(vi) Funding agency.

(vii) A description of the product or service to be provided under the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor physical address including street address, city, state and nine-digit zip code and congressional district if in the United States.

(x) Subcontract primary performance location including street address, city, state and nine-digit zip code and congressional district if in the United States.

(xi) Names and total compensation of each of the five most highly compensated officers for the calendar year in which the subcontract is awarded if –

(i) in the subcontractor’s preceding fiscal year, the subcontractor received --

(A) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(ii) the public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986, (Note: the information in paragraphs (i) through (x) are not required to be reported for any contractor or first-tier subcontractor whose gross income did not exceed $300,000 in the previous tax year will not have to report subcontracts.

(6) For subcontracts under $25,000 or any subcontracts awarded to an individual, the total number of subcontracts awarded in the quarter and their total dollar amount.

(End of clause)]

Reference Part II – Contract Clauses. Add: 52.215-2 Audits and Records -Negotiation

(d) Comptroller General—

(1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s [or any subcontractors’] directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

Reference Section M – Evaluation Factors For Award.

Remove 3 pages, pages 93-95, replace with 3 pages attached, dated 3/24/2009. Minor edits.

Add: Task Order Samples for information, 2 pages, dated 3/24/2009.

Add: Wage Determination, General Decision: NM20080002 07/25/2008 to cover work done in Coronado National Forest, Peloncillo Mountains, Hidalgo County, New Mexico.

SECTION M--EVALUATION FACTORS FOR AWARD

AWARD DETERMINATION

The Government intends to evaluate proposals and reserves the right to award a contract without discussions with Offerors. The Government will award contracts to the Offeror whose proposal represents the best value to the Government when considering past performance, technical capability, and price. The non-price factors are equally important in relation to each other, and when combined are approximately equal to price. Should non-price factors between Offerors be equal, price will be the determining factor in the best value decision for award.

The Offeror, in order to be considered for award, must adequately address in the submitted proposal the technical and price factors listed below.

EVALUATION FACTORS

Technical Factors

Technical factors to be evaluated are: 1) Past Performance and 2) Technical Capability. These factors shall be judged based on your written responses and relevant documentation supplied. Interviews with current or former government representatives who have knowledge of the Offeror’s past performance may be utilized to confirm qualifications and performance.

1) Past Performance - Past performance is a measure of the degree to which you, as a business and organization, have satisfied your customers in performing services similar to those contemplated in this solicitation. The Government will focus on the following sub factors and will evaluate them to determine the overall rating for past performance. The sub factors below are of equal importance.

a) Quality of Services: Demonstrated ability to perform road maintenance and related services that meet or exceed contract specifications; conformance to good standards of workmanship.

b) Customer Satisfaction: Satisfaction of end users with the Contractor's completed projects and overall services.

c) Timeliness of performance: Completion of the project within the contract performance period and in accordance with the established schedule and work plan.

d) Business relations: Effective management of work and personnel in the field; good working relationship with the Contracting Officer and the Government’s technical representatives; reasonable/cooperative behavior; flexibility; effective contractor recommended solutions; businesslike concern for Government's interests.

The Offeror is encouraged to submit copies of any evaluations received from Federal agencies within the past 36 months that are representative of their cumulative performance, whether that performance has been evaluated positively in all aspects or whether the evaluation includes areas where improvement has been suggested or where performance has been judged unsatisfactory.

In addition to Offeror submittals, the Government evaluators may avail themselves of various federal, state, and local past performance databases. The Government may research offeror performance on any federal, state, local, and commercial contract for which the offeror is known to have performed, but has not been included with the submitted performance information. Additionally, an evaluator’s personal experience and knowledge of an offeror’s performance may be utilized.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement. Overall past performance over the preceding 36 months, whether positive or negative, can be mitigated by recent trends in performance. Trends that show improvements in performance, or lack thereof, in response to less than satisfactory evaluations will be taken into consideration in the overall evaluation of past performance.

Offerors with past performance data will be evaluated in the same manner as all other evaluation factors; however, those offerors with no past performance data will treated as an unknown performance risk and neither be evaluated favorably nor unfavorably. In the case of a predecessor entity wherein a company is owned by or made up of the same key personnel as the Offeror, the past performance of the predecessor entity may be taken into account. Accordingly, Offerors will receive credit for satisfactory or improved past performance, lose credit for poor past performance, and neither receive nor lose credit for no relevant past performance.

2) Technical Capability -

a) Organizational Experience - The experience of your organization must be relevant to the requirements of this procurement. We will assess your relevant experience on the basis of how long your organization has been doing the relevant work as well as the depth of your organization’s experience providing road maintenance and related services.

b) Key Personnel Qualifications and Experience - Key personnel will be evaluated on years and…