Amendment 001

AG-82B1-S-10-0234, Amendment 001 (cont)

The following are the Changes set forth in Amendment 01:

1. The specification (page 3) is herby changed to from:

a. Time Limitations:

1) After June 17th the Contractor will be permitted to work on:

a) The well and water system up to and including Cabin Creek Group Area.

b) Cabin Creek Group Area

2) After August 1st the Contractor will be permitted to work on:

a) Peace Creek Loop

3) After August 15th the Contractor will be permitted to close and construct all sites in the project.

TO:

2. Sections L and M are hereby replaced with the revised Sections L and M below

3. All other terms and conditions remain unchanged.

Section L Instructions, Conditions, and Notices to Offerors or Respondents

L.1 FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation of offer. Also,the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER1

52.204-6 Data Universal Numbering System (DUNS) Number. (APR 2008) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) 52.236-28 Preparation of Proposals

AGRICULTURAL ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

L.2 52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

L.3 452.215-71 Instructions for the Preparation of Technical and Business Proposals.

As prescribed in 415.209(a), insert a provision substantially as follows:

INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS (SEP 1999)

(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) The proposal must include a technical proposal and business proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provided, that an offeror also submit a proposal for performance of the work as specified in the statement of work. Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.

(3) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

(4) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(a) 3 copies of the completed, signed offer (Sections A through K of the solicitation package)

(b) 3 copies of the technical proposal

(c) 3 copies of the business/cost proposal

(b) Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

Proposals shall be evaluated in terms of price and other technical factors. We intend to evaluate firms’ offers based upon their technical approach, and experience/past and present performance. Technical approach will show how the contractor will manage the project in view conflicting demands and how a safe work environment will be provided for. Past performance evaluates a contractor’s performance and reliability to perform the required project. Experience of key personnel will show how the identified personnel will assure quality work performance in the various phases of the construction project.

Each offeror’s technical and cost proposal will be evaluated according to the criteria specified in Section M. Evaluation factors and significant subfactors as stated in the solicitation are as follows.

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 performance of the offeror that is known to the Government, but not included on the submitted Performance Information. Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to both similar efforts, and the length and scope, number, and complexity. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort, will be given additional weight in the evaluation process.

(1) Technical Approach:

The project site is located in an active campground adjacent to privately owned businesses. This factor is to evaluate the offerors’ methods and approach to performing the contract work. Provide the following information:

· List key personnel and experience.

· Identify methods, procedures, and equipment to be used. Include a short description for each major component of the project.

· Provide a proposed construction schedule for each bid item.

· Address traffic and construction control in areas where public access is allowed in and adjacent to the project.

(Possible 60 points)

(2) Experience/Past and Present Performance:

This factor will address each offeror's experience within the past three years. The Government will consider and evaluate the relevancy of the information (i.e., actual similar type contracts such as historic structure maintenance, gypsum board installation, lead paint, ect.), the source of the information, the context of the data, and general trends in contractor's past and present performance. The Government will use information submitted by the offeror and other sources, such as other Federal Government offices, private industry and better business bureaus to assess this factor.

Performance data presented should include the following for each contract:

· Contract number

· Total dollar value

· Title of Contract

· Name, address and current telephone number of contract administrator or contracting officer

· Description of project (including its relevancy to this acquisition) (Possible 40 points)

(c) Business Proposal Instructions.

Price Proposal The criterion will include consideration of cost information provided in Section B, Schedule of Items. It is the Government’s intent to assess the price/cost breakdown to determine: (1) reasonableness (unit prices will be evaluated to determine, based on current/prior market conditions, reasonableness of proposed unit prices to effectively perform the requirements), and (2) price consistency (unit prices will be evaluated to determine if costs/prices are balanced and consistent with Government cost estimates and those of other proposals).

Price will contribute significantly to the source selection decision and will be evaluated as to completeness, realism and reasonableness. The importance of price will increase as the degree of technical merit differences between competing proposals decreases. If technical proposals are considered to be essentially equal in technical merit, price will become the determinative factor in making an award.

(End of Provision)

L.4 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

3.3

Goals for Female Participation for Each Trade

6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Boise and Valley Counties, ID.

(End of provision)

L.5 52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of 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 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of 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 the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 52.225-9, 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 52.225-9 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 52.225-9 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)

L.6 52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Doulgas Lee Intermountain EROC 740 Simms St Lakewood, CO 80401

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

L.7 52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: paul pierson

Address: paulpierson@fs.fed.us

Telephone: 303-275-5138

(End of provision)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 EVALUATION AND BASIS OF AWARD

(a) Award will be made to the responsible offeror whose proposal, conforming to the solicitation, is determined to be the best value to the Government, technical and price factors considered.

(b) Each offeror’s proposal will be evaluated with respect to the technical and price factors. The technical area is equally as important as price. The technical areas in Clause M.3 are listed in descending order of importance.

(c) Price will contribute significantly to the source selection decision and will be evaluated as to completeness, realism and reasonableness. The importance of price will increase as the degree of technical merit differences between competing proposals decreases. If technical proposals are considered to be essentially equal in technical merit, price will become the determinative factor in making an award.

M.2 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND COST PROPOSALS

(a) General Instructions:

Proposals submitted in response to this solicitation shall be furnished in the following format with the original copy as specified below.

(1) Proposals must be complete and respond directly to the requirements of the solicitation. Any commitments made in the proposal may become a part of the resultant contract. In no case shall words such as “we will fully comply with the requirements of the contract” or equivalent statements be acceptable to meet the requirements of this RFP.

(2) The Government will evaluate proposals in accordance with the evaluation factors set forth in Section M.3 of this RFP.

M.3 TECHNICAL AND PRICE EVALUATION FACTORS

(a) TECHNICAL PROPOSAL

(1) Technical Approach:

The project site is located in an active campground adjacent to privately owned businesses. This factor is to evaluate the offerors’ methods and approach to performing the contract work. Provide the following information:

· List key personnel and experience.

· Identify methods, procedures, and equipment to be used. Include a short description for each major component of the project.

· Provide a proposed construction schedule for each bid item.

· Address traffic and construction control in areas where public access is allowed in and adjacent to the project.

(Possible 60 points)

(2) Experience/Past and Present Performance:

This factor will address each offeror's experience within the past three years. The Government will consider and evaluate the relevancy of the information (i.e., actual similar type contracts such as historic structure maintenance, gypsum board installation, lead paint, ect.), the source of the information, the context of the data, and general trends in contractor's past and present performance. The Government will use information submitted by the offeror and other sources, such as other Federal Government offices, private industry and better business bureaus to assess this factor.

Performance data presented should include the following for each contract:

· Contract number

· Total dollar value

· Title of Contract

· Name, address and current telephone number of contract administrator or contracting officer

· Description of project (including its relevancy to this acquisition)

(Possible 40 points)

(b) PRICE PROPOSAL

The price proposal should consist of itemized pricing under Section B of the solicitation.