amendment1_questions_answers_Bob_edits.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

US Forest Service Region 2, Regional Office

Attn: Richard Braun

740 Simms Street

Golden, CO 80401

9B. DATED (SEE ITEM 11)

October 2, 2008

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers X is extended, 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.

FORMCHECKBOX

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

FORMCHECKBOX

D. OTHER (Specify type of modification and authority)

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

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

The purpose of this amendment is to document questions and answers and clarifications that were discussed at the Pre-Proposal Conference/Site Visits – October 14 thru 17, 2008. A second amendment - that will address changes to the solicitation – will be issued soon. The date for receipt of proposals is extended to 4:00 p.m. local time, January 2, 2009.

See following pages for details.

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

Solicitation AG-82X9-S-08-0120, Amendment 1, pg 2 of 8 Continuation of block 14

QUESTIONS & ANSWERS

1. Who can submit a proposal for this solicitation?

Any responsible small business, large business, non-profits, state, county or local government.

2. Will the government make multiple awards?

The government reserves the right to make single or multiple awards from this solicitation based on what is most advantageous to the government. That said, the solicitation was designed with the idea of making one award for the whole project or making two awards: one for the ARNF and another for the PSINF.

3. Is it possible that the government may make no award?

Yes. In Section L.2 of the solicitation it states that “The government may reject any or all proposals if such action is in the government’s interest.” An example of when the government may reject all offers would be if it does not receive a price that is considered fair and reasonable.

4. What does the government consider a reasonable price to be?

That information cannot be disclosed without revealing the government estimate which I am not permitted to do.

5. Are contractors allowed to submit alternate offers?

Yes, ‘Provided that an offeror also submit a proposal for performance of the work as specified in the statement of work’, see provision L.14. Further, ‘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. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the government, shall be clearly identified and explicity defined’ , see provision L.2.

For example, if a vendor believes it might be in the best interest to the government to change the utilization standards of the required sawtimber removal because the cost of service work could be greatly improved, your proposed sawtimber utilization standards could be part of an alternate proposal. Or, if you think the overall cost of service work could be lowered significantly if all items requiring treatment of biomass sized trees were removed from the contract, that approach could be part of an alternate proposal.

6. When the FS elects to have the vendor perform temporary road work outside of the work units, how will the vendor be paid?

The vendor will be paid by electronic funds transfer(EFT).

7. What is the limit of a vendor’s liability for non-performance in this contract? What are the consequences of a contractor defaulting?

The government has several options: 1) Termination for default, 2) Termination for the

Convenience of the Government, 3) assess damages but allow the vendor to continue working. The limits of a vendor’s liablity would depend upon the circumstances. There are

Default and Termination for Convenience Clauses included in the solicitation and these outline what some of the possible remedies and limits of damages might be.

In addition, there are basically 4 ways the contract can end: 1) Successful completion by the vendor, 2) Termination for Convenience of the Government, 3) Termination for Default, and

Solicitation AG-82X9-S-08-0120, Amendment 1, pg 3 of 8

Continuation of block 14

4) Cancellation by the government due to lack of funds.

8. Will the contractor have the option of removing non-sawtimber or leaving it decked?

The government will designate what is to be done with non-sawtimber and biomass in the task order. If the task order specifies that the non-sawtimber will be cut and left in the woods or decked at the landing, but the vendor wants the material and allowing removal meets the land management goals of the FS, the FS would likely allow removal as “Timber Subject to Agreement”. If it is removed it will be paid for at bid rates in B.2 Timber Removal Price Schedule. Remember, one of the goals of this procurement is to encourage the creation of value from small diameter material to help lower fuels reduction costs to the government.

9. Is there a time limit for removing small diameter material?

The FS envisions a one-year period of performance for most task orders, therefore, material would need to be removed within that timeframe.

10. Why is there a bid item for decking the wood?

In some cases, the FS may want to leave firewood for the community. In some cases it may be cheaper to leave the material decked and that way the FS can treat more acres.

In the second scenario, the vendor would still have the option of removing that material.

11. Is removal of slash required?

The FS will never require the removal of slash or biomass but in most cases it can be removed provided that FS land management goals are still being met. If the contractor and FS agree, it can be removed as “Timber Subject to Agreement” and be paid for at the bid rate for biomass.

12. Do the required surface replacement deposits apply to sawtimber, POL, and biomass?

Yes, they apply to all 3 catagories of product.

13. Are the required surface replacement deposits correct? They appear to be high.

The FS has verified that the rate of $0.16 per Ton/Mile is correct.

14. Is green ton the standard weight at the time it is cut?

Yes,the weight factors in Appendix C were developed from samples scaled and weighed after tree felling. At the time of scheduled rate redeterminations, the green weight factors may be adjusted, or new weight factors for dead tree species such as lodgepole pine may be developed.

15. Will logging always be part of a task order? Will there be enough stewardship work in the contract to pay for timber?

It is hard for the FS to imagine a scenario where logging would not be part of a task order.

The FS anticipates that there will be enough stewardship work on each task order to pay for the included timber product.

16. Does the Migrant and Seasonal Agricultural Protection Act apply if employees are required to be absent overnight from their place of residence?

Contact the Department of Labor for clarification on specific questions. The phone number and address for their local office is included in K.5 of the solicitaiton. The FS recommends that you document your conversations. That way a vendor can show that they acted in good faith based on Department of Labor recommendations.

Solicitation AG-82X9-S-08-0120, Amendment 1, pg 4 of 8

Continuation of block 14

17. On the I-9 form, the contractor may disclose personally identifiable information. How does the government guarantee security?

Government agencies and employees in receipt of PIIN have the responsibility of keeping it secure and destroying it when it is no longer needed. That is what the FS will do.

18. Will vendors be allowed to work on multiple units at the same time?

The solicitation gives the government the right to limit how many units a vendor may operate in at a time; this will be specified at the task order level. Generally speaking, the FS does not mind the vendor operating in multiple units - unless the vendor is not making satisfactory progess. The purpose of this clause is to give the FS some leverage if a vendor is not performing to expectation.

19. What is the level of accuracy on the cruise?

Sawtimber and non-sawtimber products will be cruised to insure a maximum sampling error of 30 percent or less is achieved.

20. Hasn’t it conventionally been 80 percent?

High value timber sales are cruised to achieve a maximum sampling error of 20% or less, however, the products covered by this contract are considered low value, so, a maximum sampling error of 30% or less is appropriate and will be used.

21. How do you measure if work meets the standard “Acceptable Quality Level?”

The government has the right to use any methodology it chooses to measure the level at which the vendor is performing. That said, the government will most likely use Periodic Visual Inspections or Plot Sampling.

22. Do we have to reach 100 percent to receive full payment?

Payment will only be made for services that conform to the contract requirments. That said, the government does not expect perfection. The FS CORs will most likely use Periodic Visual Inspections to determine whether or not work conforms to the contract requirements. As such, a certain amount of subjectivity is unavoidable. Our CORs are trained, experienced, and reasonable to work with. If a vendor feels that a COR is being unreasonable, they can always elevate the issue to the contracting officer who can overrule the COR or have them replaced. If a vendor is unhappy with the CO’s decision, it can be disputed under the clause 52.233-1 Disputes. In the 3 years that the contract specialist, Richard Braun, has been working on these type of contracts, seldom has he ever been asked to review a COR’s decision in these matters and has never had a vendor file a dispute on any of the contracts he has administered.

23. What remedies does the government have if vendor services don’t conform to contract

Requirements?

See the clause 52.246-4, Inspection of Services. The FS can require a vendor to reperform at no additional cost. If the defects cannot be corrected by reperformance, the FS can reduce payment to reflect the reduced value of the service. If the vendor disagrees with the amount of the reduced payment, this too could be disputed thru the Disputes Clause.

24. How can we cooperate to make sure we comply with the specifications? It is not an exact science.

The FS CORs and Inspectors will work closely with the vendor at the beginning of new work and throughout the task order to set reasonable expectations. And the FS will give

Solicitation AG-82X9-S-08-0120, Amendment 1, pg 5 of 8

Continuation of block 14 special emphasis to work that uses Designation by Description and Designation by

Perscription due to the challenges they present. For example, with D X P, the FS will require the vendor to mark a sample area that will then be examined by the FS for accuracy to make sure both parties are on the same page. After it is determined that both parties are on the same page, the contractor will be allowed to implement the perscription without marking. If problems are detected then contractor marking will be required until examination shows both parties are on the same page again(see H.11.15 Designation By Prescription. )

25. What are the standards for cruising timber?

Region 2 has standards for cruising timber. These standards are a sliding scale based on the value of the timber. The same standards that apply for timber in a timber sale apply to timber in a stewardship contract. So when we look at the projected value of timber in our task orders the average task order is probably going to be cruised at a sampling error of 30%; that’s because were not talking about a lot of value in sawtimber.

26. What happens if we take out too many trees (service work)?

See # 24 above. In addition, if it were done willfully or with negligence, the FS could assess damages. The FS would not require the vendor to plant replacement trees. If the vendor disagrees they could dispute the decision.

27. Is the material on each task order sold by lump sum or by volume removed?

It is sold by volume removed. It is a scaled type sale. Scaling will be done by weight.The volume paid for is the total of the tons hauled.

28. Can I cut saw timber out of POL?

Yes, that is okay; how you utilize the material is your choice. If you remove non-sawtimber or biomass it will be paid for at the nonsawtimber or biomass bid rate. See #42.

29. Does the number include defect of 25 percent?

No, the net weight factors in Appendix C incorporate a 5% scaling defect for sawtimber.

At the time of Scheduled Rate Redeterminations weight factors may be adjusted( See #14).

30. How do you defect biomass?

Biomass was not defected.

31. How fast could we work if you could afford to pay for it? How best can you finance the level of work?

The FS is only willing to guarantee 2,000 acres/year from the ARNF and 2,000 acres/year from the PSINF. If funding is availabe and the vendor is performing well the FS may decide to do more. The maximum this contract allows would be 6,000 acres/year from the ARNF and 4,000 acres/year from the PSINF.

32. Can the vendor do all 10 years work in 5 years?

We don’t want to speculate on the amount of work that the FS will issue in a 5 year period, other than to say it would be constrained by the limitations in # 32 above.

33. If we have an alternate proposal to do 2 out of 3 districts, is it still worthwhile to submit a proposal?

Solicitation AG-82X9-S-08-0120, Amendment 1, pg 6 of 8

Continuation of block 14.

You must submit one proposal that meets the government’s requirements, this would then qualify you to submit an alternate proposal. The level of review that a revised proposal receives will be based on its perceived benefits to the government.

34. Is their an average assigned to estimated tons?

We know how many acres of service work areas there are the first year. The number of acres for the first year task order is located on TAB 1 of the notebook (Information From Pre-Proposal Conference/Site Visits), actual number of acres. PSICC/ARP have a summary table.

35. What are you going to do with the product? Where can you go with it?

Vendors need to find out what markets are available for product. Vendor’s from outside the area may want to discuss the availibity of local markets with local vendors.

36. In Appendix J, the weight factor 0.01 represents 1 percent of the total acres over 10 years for that type of work?

Yes, but obviously it is only a projected estimate and the numbers are subject to change.

37. What percentage of the this type of work on the two Forests is covered by this contract?

There will be other contracts to accomplish this type of work offered on each forest also.

Our estimate of the percentage of the total yearly fuels reduction progam on each forest that this contract will represent is as follows:

PSICC: 40-60% of the yearly fuels reduction work;

ARNF: 50-60% of the yearly fuels reduction work, depending on costs associated with contract.

Both numbers are projections only and subject to change.

38. What proportion of the saw timber(on the PSICC and ANRF) is addressed by this contract, so we can try to remove saw timber?

Can’t answer at this time.

39. Is Appendix J a tool or do we submit as part of package?

Appendix J is informational and gives vendors an idea of what catagories of work the FS intends to use more often - less often. It does not need to be submitted as part of a proposal.

40. What percentage of the service and construction work will the prime contractor have to do?

The clause 52.219-14, Limitations on Subcontracting, was erronously included in the solicitation and will be removed in the second amendment, therefore, there is no limit to the amount of service or construction work that the prime contractor can sub-out, unless, it is a HUBZone Small Business. A HUBZone small business that has not waived its right for an evaluation preference has limitations that are specified in clause I.4.

41. Is there other information about subs that is required?

Yes. See Section F and clause L.14.

42. If the vendor elects to remove the available biomass, what is the tradeoff FS monies verses contractors monies?

The vendor must pay for all product removed – sawtimber, nonsawtimber, and biomass - at bid rates.The removal of biomass will never be required. In most cases the contractor will have the option of removing biomass as “Timber Subject to Agreement”.

Solicitation AG-82X9-S-08-0120, Amendment 1, pg 7 of 8

Continuation of block 14.

CLARIFICATIONS

1. Goals of this contract: FS hopes that by providing a steady supply of material over a long term that utilization of small diameter material will increase and treatment costs for FS will go down. If treatment costs go down the FS should be able to treat more acres.

2. Amendments to this solicitation will be issued. Offerors are required to acknowledge amendments for proposal to be responsive (acceptable).

3. Proposals may be withdrawn anytime prior to contract award by notifying the contract specialist (Richard Braun) or contracting officer (Kelvin Delaney). See provision L.2.

4. If the FS knows that construction work will be needed for a task order, the government and contractor will negotiate a fair and reasonable price prior to its issuance. If the need for construction work doesn’t arise until after a task order is issued, the government can modify the task order to include it.

5. In reference to clause H.25: temporary roads that are built inside of work units will be the responsibility of the vendor – the government will not pay for them. For temporary roads that are built outside of the work units, the government will pay the vendor to do the work.

6. In reference to clause H.27: the FS has the choice of either performing the Pre-haul maintenance or paying the vendor to do it.

7. In accordance with provision L.14, vendors must submit any estimates of preproduction or startup, labor learning and other nonrecurring costs that will be incurred in the implementation of their proposal.

8. Bond premiums for bonds required for construction projects will be reimbursed by the FS.

Bond premiums for bonds that are used to cover stumpage will not be reimbursed (see G.5 & H.41).

9. There are many clauses and provisions that are incorporated by reference in this solicitation. The FS strongly encourages vendors to look them up and read the full text. The full text of FAR clauses is availabe at: www.arnet.gov/far/. The full text of AGAR clauses is available at: http://www.usda.gov/procurement/policy/agar.html.

10. Clause I.9 requires that any large business offerors must contract out at least 20% of all annual contract dollars to small businesses. This clause does not apply to small businesses.

11. Payments for service work will be made either by electronic funds transfer(EFT) or in timber value. Payment for any construction work will be made either by EFT or in timber value.

12. Suggestions for improving the solicitation may be sent to Richard Braun at rabraun@fs.fed.us.

13. Prior to contract award, vendors who wish to change the terms and conditions of the solicitation may offer an alternate proposal provided they meet the requirements of L.2 Solicitation AG-82X9-S-08-0120, Amendment 1, pg 8 of 8

Continuation of block 14.

and L.14. After contract award the awardee can propose changes to the terms and conditions of the contract or a particular task order at any time; however, the government may or may not agree to the changes. The proposed changes would have to be within scope, meet FS land management goals, and be consistent with any NEPA or EIS.

Without knowing specific details, it is pointless for the FS to speculate about what changes it may or may not approve. But as previously stated, the FS is looking for ways to reduce costs and treat more acres and encourages proposed changes would accomplish this goal.

14. In order to be eligible for contract award vendors must:

· have a Duns & Bradstreet number (see clause K.3)

· be registered in the CCR (see K.3)

· submit a Technical Proposal (L.2, L.14)

· submit a Business Proposal (L.14)

15. The information that vendors need to submit for evaluation is specified in provision L.14;

Section M details how that information will be rated. In order to submit a good proposal, the contract specialist advises potential bidders to examine these sections closely and follow the instructions.