Return_This_Copy.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-82X9-S-08-0212

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

06/30/2008

PAGE OF PAGES

1of 20

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

166366

6. PROJECT NO.

Stillwater Pass Road Slump Repair

7. ISSUED BY

CODE

U.S. Forest Service – Region Two Acquisition Management Arapaho Roosevelt National Forest & Pawnee National Grasslands

2150 Centre Avenue, Building E

Fort Collins CO 20824

See Block 7

9. FOR INFORMATION

CALL:

A. NAME

Christina A. Schofield B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 970-295-6635 or email cschofield@fs.fed.us

RETURN THIS COPY SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

STILLWATER PASS ROAD SLUMP REPAIR PROJECT

DUE: AUGUST 11, 2008, 16:00 Local Time Description: A section of NFSR 123 Stillwater Pass road has failed (loss of road shoulder) and has restricted the width of this two lane gravel road to one lane for about 0.1 miles. This work required includes the reconstruction of approximately 0.1 miles of the road with a deep french drain installed on the upside of the road. Work items include, but are not limited to, removal of existing soil nails, excavation and embankment, aggregate base, traffic control, temporary erosion control, french drain construction, trenching, geotextiles, rip rap, culvert installation, clay linears, and hydroseeding.

Location: From Granby, Colorado travel north along State Highway 40 approximately one mile to the intersection with State Highway 34. Then travel north along 34 approximately nine miles to the intersection with NFSR 125 (Stillwater Pass Road/Grand County Road 4) then west approximately seven mile to the road slump area.

Project Time: 90 Days. Estimated State of Work Date: As soon as practicable after award.

Price Range: The Government price range for this project is between $100,000 and $250,000.

Pre-Proposal Meeting: A pre-proposal meeting will be held July 10, 2008 at 10:00 local time. The meeting will be held at the Sulphur Ranger District Office located at 9 Ten Mile Drive, Granby, Colorado. All those planning to attend must RSVP with Christina Schofield on or before 16:00 July 8, 2008 by calling 970-295-66353

· All Offerors MUST be registered in the Central Contractor’s Registry (CCR) in accordance with FAR 52.204-7 to be considered responsive to this solicitation.

· All Offerors MUST be registered in ORCA in accordance with FAR 52.204-8 to be considered responsive to this solicitation.

· All Offerors MUST respond to the evaluation criteria under Section M to be considered responsive to this solicitation

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and TWO copies to perform the work required are due at the place specified in Item 8 by 16:00 local time August 11, 2008 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

TIN

DUNS

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

26. ADMINISTERED BY

CODE

See Block 7

Submit invoices to address in block 7, Attention Joel Butzin. After acceptance, invoices are sent to the USDA payment processing office in St Louis, Missouri. Payments are made by electronic funds transfer.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

OR RESPONDENTS

SECTION M - EVALUATION FACTORS FOR AWARD

ART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

STILLWATER PASS ROAD SLUMP REPAIR

ARAPAHO AND ROOSEVELT NATIONAL FOREST

AND PAWNEE NATIONAL GRASSLAND

METHOD OF

UNIT

TOTAL

ITEM

DESCRIPTION

MEASUREMENT

QUANT.

UNIT

PRICE

PRICE

160(01) Quality Control L.S.Q.

L.S.

201(03) Clearing and Grubbing, L.S.Q.

L.S.

Slash Treatment Methods

For Tops and Limbs 4,6,10, Logs 10, and Stumps 10, Utilization of Timber 4 202(05)A Removal of Soil Nail L.S.Q.

Structure

202(05)B Removal of Existing L.S.Q.

Culvert

203(04) Excavation Placement D.Q.

C.Y.

Method 4 203(08) Imported Borrow Excavation A.Q.

TON

Placement Method 4 204(19) Soil Erosion and Pollution L.S.Q.

Control

206(01) Structural Excavation, D.Q.

C.Y.

Type Trenching 251(01)A Placed Riprap, Class 5 A.Q.

TON

Method A 251(01)B Placed Riprap, Class 4 A.Q.

TON

Method A 304(10) Crushed Aggregate, Type A.Q.

TON

Surface, Grading CDOT

Class 6, Compaction D.

601(01) Mobilization L.S.Q.

L.S.

603B(01) 24-Inch Plastic Pipe, A.Q.

L.F.

Method B.

603B(03) 24-Inch Plastic Pipe End A.Q.

EACH

Section

605(05) 10-Inch Collector Pipe A.Q.

L.F.

(Perforated)

605(06) 10-Inch Outlet Pipe A.Q.

L.F.

(Solid)

605(07) Coarse Granular Backfill A.Q.

TON

605(09)A Geotextile Material A.Q.

S.Y.

Type I-B

605(09)B Geotextile Material A.Q.

S.Y.

Type II-A

622(02) Riprap and Clay Lined A.Q.

S.Y.

Paved Waterway

625(02) Seeding, Hydraulic Method, D.Q.

1.3

ACRE

(with Mulch)

TOTAL ALL ITEMS

Measurement:

L.S.Q.

Lump Sum Quantity V.Q.

Vehicle Quantity L.F.

Linear Feet

D.Q.

Designed Quantity L.S.

Lump Sum

LBS

Pounds

A.Q.

Actual Quantities C.Y.

Cubic Yards S.F.

Square Feet

S.Y.

Square Yard

EACH

Each

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

Telephone: (301) 306-6752

VETS-100 Reporting

Website: www.vets100.cudenver.edu

4200 Forbes Blvd., Suite 202

Reporting Questions: HelpDesk@vets100.com

Lanham, MD 20703

Reporting Verification: Verify@vets100.com

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310

(2) The small business size standard is $31.0 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (June 2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237310 assigned to this solicitation and any resulting contract.

[Contractor to sign and date and insert authorized signer’s name and title].

FAR 52.223-13 Certification of Toxic Chemical Release Reporting (Aug 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that—

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.]

[ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

[ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

[ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

[ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

[ ] (v) The facility is not located in the United States or its outlying areas.

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

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 in 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 or 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 CHAPTER 1)

52.204-6 Data Universal Numbering System (DUNS) (OCT 2003)

52.215-1 Instructions to Offerors--Competitive Acquisition (JAN 2004) 52.236-28 Preparation of Proposals – Construction (OCT 1997)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm fixed price contract resulting from this solicitation.

FAR 52.222-5 Davis-Bacon Act—Secondary Site of the Work (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

FAR 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 are, are as follows:

Goals for minority participation for each trade Goals for female participation for each trade

12.8%

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 actions 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 Grand County Colorado.

FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (May 2002)

(a) Definitions. "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.

FAR 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:

Christina A. Schofield Region Two Acquisition Management

Arapaho Roosvelt National Forest and Pawnee National Grasslands

2150 Centre Avenue, Building E

Fort Collins CO 80526

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

FAR 52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (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) An organized site visit has been scheduled for:

See AGAR 452.237-71, Pre-Bid/Pre-Proposal Conference, below for details.

(c) Participants will meet at:

See AGAR 452.237-71, Pre-Bid/Pre-Proposal Conference, below for details.

AGAR 452.237-71 Pre-Bid/ Pre-Proposal Conference (FEB (1988)

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 1442 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conferences will be held at the following locations for the corresponding line items and Forests listed in the Schedule of Items:

Date:

July 10, 2008

Time:

10:00 local time Location: Sulphur Ranger District Office located at 9 Ten Mile Drive in Granby, Colorado.

*** Site Visit to Follow.

SECTION M--EVALUATION FACTORS FOR AWARD

AWARD DETERMINATION AND EVALUTION FACTORS

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The critical factor in making any cost/technical trade-offs is not the spread between the technical ratings, but rather the significance of that difference. The significance of the difference in ratings will be determined on the basis of what that difference is and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for fulfilling the requirements of this contract. The Government reserves the right to make cost/technical trade-offs that are in the best interest and to the advantage of the Government. The following factors shall be used to evaluate offers:

TECHNICAL CRITERIA. The technical proposals will be evaluated and ranked according to the following criteria. The contractor is responsible to submit documentation and records of successful completion of past performances of similar projects within the past three years along with his bid package. In addition the contractor shall provide a list of personnel qualifications, an outline detailing how they plan to accomplish the project (Performance Plan) along with a schedule for finishing the work within the contract time.

1. Past Performance:

(i) Quality of Work: Demonstrated ability to perform services in accordance with contract specifications. Conformance to good standards of workmanship.

(ii) Customer Satisfaction: Satisfaction of end users with the contractor's completed products and services.

(iii) Timeliness of performance: compliance with delivery schedules; reliability; responsiveness to technical direction, no assessment of liquidated damages.

(iv) Business relations: Effective management, ability to manage projects involving subcontracts, working relationship with the contracting officer and technical representatives, reasonable/cooperative behavior, flexibility, effective contractor recommended solutions, businesslike concern for government's interests.

(v) Cost control: Ability to complete contracts within budget (at or below); reasonableness of price change proposals submitted; providing current, accurate, and complete billings.

(2) Technical Approach:

Organization

Understanding of project and Performance Plan General plan and operating schedule

Personnel:

COST/PRICE EVALUATION CRITERION. This criterion will consider (1) price reasonableness, and (2) help determine the offerors understanding of the work. Cost/price is equal in weight to technical evaluation criteria; however, the importance of cost/price may become greater as the differences between technical proposals decreases. Where technical proposals are determined to be substantially equal, any cost/price advantage to the Government may control award.

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

Firms lacking a past performance record (e.g., new firms or those with no relevant experience within their organization) will be treated as an unknown performance risk, receiving a neutral score in this criteria. A neutral score will be established as the average of all other competing offerors, or the average of the total score available, whichever is less.

Technical and past performance, when combined, are approximately equal to cost or 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.

ATTACHMENT ONE:

Davis Bacon Wage Rates

General Decision Number: CO080015 05/02/2008 CO15

State: Colorado

Construction Type: Highway

Counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington and Yuma Counties in Colorado.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date

0 02/08/2008

1 02/15/2008

2 05/02/2008

ELEC0012-006 09/01/2007

ALAMOSA, ARCHULETA, BACA, BENT, CHAFFEE, CONEJOS, COSTILLA,

CROWLEY, CUSTER, FREEMONT, HUERFANO, KIOWA, LAS ANIMAS,

MINERAL, OTERO, PROWERS, RIO GRANDE AND SAGUACHE COUNTIES

Rates Fringes

ELECTRICIAN

Electrical work where the total cost is $150,000 or less........................$ 22.44 10.77

Electrical work where the total cost is over $150,000.$ 26.59 10.90

TRAFFIC SIGNALIZATION:

Traffic Signal Installation

Zone 1......................$ 23.83 13.75%+4.75

Zone 2......................$ 26.83 13.75%+4.75

TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS

Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities:

Colorado Springs - Nevada & Bijou

Denver - Ellsworth Avenue & Broadway

Ft. Collins - Prospect & College

Grand Junction - 12th & North Avenue

Pueblo - I-25 & Highway 50

All work outside of these areas shall be paid Zone 2 rates.

ELEC0068-013 03/01/2007

CLEAR CREEK, EAGLE, GILPIN, GRAND, JACKSON,LAKE, LOGAN, MORGAN,

PHILLIPS, SEDGWICK, SUMMIT, WASHINGTON AND YUMA COUNTIES

Rates Fringes

ELECTRICIAN (Excluding traffic signal installation).....$ 28.91 10.33

TRAFFIC SIGNALIZATION:

Traffic Signal Installation

Zone 1......................$ 23.83 13.75%+4.75

Zone 2......................$ 26.83 13.75%+4.75

TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS

Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities:

Colorado Springs - Nevada & Bijou

Denver - Ellsworth Avenue & Broadway

Ft. Collins - Prospect & College

Grand Junction - 12th & North Avenue

Pueblo - I-25 & Highway 50

All work outside of these areas shall be paid Zone 2 rates.

ELEC0113-006 06/01/2007

CHEYENNE, ELBERT, KIT CARSON, LINCOLN, PARK AND TELLER COUNTIES

Rates Fringes

ELECTRICIAN......................$ 26.80 3%+12.00

TRAFFIC SIGNALIZATION:

Traffic Signal Installation

Zone 1......................$ 23.83 13.75%+4.75

Zone 2......................$ 26.83 13.75%+4.75

TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS

Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities:

Colorado Springs - Nevada & Bijou

Denver - Ellsworth Avenue & Broadway

Ft. Collins - Prospect & College

Grand Junction - 12th & North Avenue

Pueblo - I-25 & Highway 50

All work outside of these areas shall be paid Zone 2 rates.

ELEC0969-006 06/01/2007

DOLORES, GARFIELD, GUNNISON, HINSDALE, LA PLATA, MOFFAT,

MONTEZUMA, OURAY, PITKIN, RIO BLANCO, ROUTT, SAN JUAN AND SAN

MIGUEL COUNTIES

Rates Fringes

ELECTRICIAN......................$ 28.06 8.76

TRAFFIC SIGNALIZATION:

Traffic Signal Installation

Zone 1......................$ 23.83 13.75%+4.75

Zone 2......................$ 26.83 13.75%+4.75

TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS

Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities:

Colorado Springs - Nevada & Bijou

Denver - Ellsworth Avenue & Broadway

Ft. Collins - Prospect & College

Grand Junction - 12th & North Avenue

Pueblo - I-25 & Highway 50

All work outside of these areas shall be paid Zone 2 rates.

ELEC0969-011 06/01/2007

DELTA AND MONTROSE COUNTIES

Rates Fringes

ELECTRICIAN......................$ 20.31 8.56

TRAFFIC SIGNALIZATION:

Traffic Signal Installation

Zone 1......................$ 23.83 13.75%+4.75

Zone 2......................$ 26.83 13.75%+4.75

TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS

Zone 1 shall be a 35 mile radius, measured from the following addresses in each of the following cities:

Colorado Springs - Nevada & Bijou

Denver - Ellsworth Avenue & Broadway

Ft. Collins - Prospect & College

Grand Junction - 12th & North Avenue

Pueblo - I-25 & Highway 50

All work outside of these areas shall be paid Zone 2 rates.

* ENGI0009-006 05/01/2008

Rates Fringes

Power equipment operators:

Bituminous or Asphalt

Spreader/Laydown Machine....$ 22.67 8.72

Bulldozer...................$ 22.67 8.72

Crane: 50 tons and under...$ 22.82 8.72

Crane: 51 to 90 tons.......$ 22.97 8.72

Crane: 91 to 140 tons......$ 23.12 8.72

Crane: 141 tons and over....$ 23.88 8.72

Grade Checker...............$ 22.82 8.72

Loader: Barber Green etc.

& Up to and including 6 cubic yards.................$ 22.67 8.72

Loader: Over 6 cubic yards..$ 22.82 8.72

Oiler.......................$ 21.97 8.72

Roller (excluding dirt & soil compaction): Self-propelled all types over 5 tons........................$ 22.67 8.72

Roller (excluding dirt & soil compaction): Self-propelled rubber tires under 5 tons................$ 22.32 8.72

Trackhoe....................$ 22.82 8.72

Water Wagon.................$ 22.82 8.72

SUCO2001-016 12/20/2001

Rates Fringes

Carpenters:

Form Building & Setting

(Excluding curbs and gutters)....................$ 15.92 5.38

All Other Work..............$ 16.30 3.71

Concrete Finisher/Cement Mason...$ 15.55 2.85

Groundman

(Traffic Signalization).....$ 11.57 3.50

Ironworkers:

Bridgerail (Excluding

Guardrail)..................$ 16.76 6.01

Reinforcing.................$ 16.94 6.77

Laborers:

Asphalt/Raker...............$ 12.40 2.92

Common......................$ 12.44 3.53

Concrete

Laborer/MasonTender.........$ 12.44 3.10

Formwork (Curbs and gutters only)...............$ 12.92 4.54

Guardrail (Excludes bridgerail).................$ 12.78 3.31

Landscape Laborer

(Including Irrigation

Work).......................$ 12.21 3.16

Striping-Paint Laborer

(Pre-form layout and removal of pavement markings)...................$ 12.90 3.07

Traffic Director/Flagger....$ 9.42 3.21

Traffic/Sign Laborer (Sets cones and barricades, installs permanent signs)..$ 12.39 3.20

PAINTER (Spray)..................$ 17.54 3.52

Power equipment operators:

Asphalt Plant...............$ 17.23 1.20

Asphalt Screed..............$ 16.21 3.76

Backhoe.....................$ 16.42 4.42

Compactor - Dirt & Soil

Only........................$ 16.52 3.13

Grader/Blade................$ 16.39 4.20

Mechanic and or Welder

(Includes heavy duty and combination mechanic and welder).....................$ 16.74 4.20

Post Driver/Punch Machine...$ 16.07 4.41

Rotomill Operator...........$ 16.28 4.41

Scraper.....................$ 17.62 3.16

Truck drivers:

Dump........................$ 14.15 3.83

Low Boy.....................$ 15.07 4.56

MultipurposeTruck-

Specialty & Hoisting.......$ 14.60 3.49

Pickup (Including Pilot

Car)........................$ 14.04 3.49

Truck Mechanic..............$ 15.97 4.61

Water Truck.................$ 14.88 2.07

TEAM0435-003 05/01/2000

Rates Fringes

Truck drivers:

Distributor.................$ 15.80 5.27

WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

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