amendment2.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)

July 15, 2009

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 FORMCHECKBOX is extended, X 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: 1) document the Pre-proposal Conference that was held in Walden Colorado on 7/28/2009 and 2) to change the terms and conditions of the solicitation.

See pages 2 - 5 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

Amendment 2, AG-82X9-S-09-0149, pg 2 of 5

Continuation of block 14.

Pre-proposal Conference/ Site Visit

1. The following people attended the meeting: Steve Best (USFS), Richard Braun (USFS), Frank Angele (USFS), Eric Scott (USFS), Mark Westfahl (USFS), Bill Blind, Scott Carlson, Larry Gorman, Dennis Hutson, Debbie Wilson, Dustin Brown, Frank Greesk, Jerry Davis, Butch Heggie, Jerry Heggie, Les Nordmann, Christy Nordmann, Nicholas Nunley, Don Ewy, Dennis Hutson, Scott Carlson, Davy Cox, Keith Cox, Mike Miller, Jenifer Morrissey.

2. The contracting officer (CO) stated that the Forest Service (FS) intends to make multiple awards from the solicitation and that it intends to compete and award task orders before the end of September 2009.

3. The CO said that there is no Market Related Contract Term Additions for this type of contract. The work will be required to be done in the time stated in the task order - regardless of market conditions.

4. The CO said that there are no rate redeterminations or escalation or deescalation of timber value in this type of contract.

5. The CO said that a typical period of performance for a task order would likely be 1 year; and that a normal operating season would be specified in each task order.

6. The CO distributed copies of amendment 1 and reviewed the changes therein. The contracting officer emphasized the following: 1) solicitation is no longer set aside for small business, 2) proposals are being solicited under Full and Open Competition, 3) the deletion of clause 52.219-14 means that the limitations on subcontracting stated in that clause no longer apply, and 4) offerors need to carefully read the amended versions of Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items and FAR 52.212-2 Evaluation – Commercial Items and submit the information required.

7. The CO stated that to be eligible for award, vendors must be registered in the CCR as specified in clause 52.204-7.

8. The CO stated that before a contractor can cut trees in a work unit, advanced deposits for stumpage are required. Clause # 13, Timber Payment Guarantee, lists the available options for covering these. The options include an Irrevocable Letter of Credit.

9. Frank Angele stated that temporary roads cannot be constructed in the work areas that will be treated thru this contract. This is in accordance with NEPA requirements for these areas.

10. The CO clarified that the definitions of sawtimber, POL, and biomass will be specified at the task order level when applicable to the task order.

11. The CO clarified that the base period of the contract is one year. The solicitation contains 1, two-year option and 1, one-year option; therefore, if all options were exercised the contract term would be 4 years total.

12. The CO clarified that a task orders can be issued against the contract right up to Amendment 2, AG-82X9-S-09-0149, pg 3 of 5 Continuation of block 14.

and including the last day of the contract. When this happens, the contractor has the full period of performance specified in the task order to perform the task order and even though the “Parent contract” expires, its terms and conditions apply to the task order until the task order term expires.

13. Due to time constraints, the CO does not anticipate holding a Post award/ pre-work conference with the awardees of this solicitation. However, each task order will likely have a Post award/ pre-work conference.

14. The CO clarified that certain portions of the Offeror Representations and Certifications found in FAR 52.212-3 do not apply to this solicitation. For example, letter (k) Certificates regarding exemptions from the application of the Service Contract Act, does not apply to this solicitation.

15. Frank Angele clarified that for the Hog Park Sample Task Order, 25 pounds of seed/acre is required for skid trails, exposed soils, landings. The required seed mix is specified in the task order. No seeding is required for specified roads in this sample task order. Eric Scott clarified that the period for accomplishing the seeding is September 15 – December 31.

16. Road deposits are specified in the Hog Park Sample Task Order. The rate is $7.57/ CCF. Based on the FS estimate of volume this makes the estimated deposits to be $5,745.63 ( 759 CCF x $7.57). Road deposits must be paid in cash. Vendors should take this information into account when they submit their pricing for this sample task order.

17. On-site at the Hog Park Campground, Frank Angele clarified how road mainenance and/ or surface rock replacment is charged. He said that at the end of the month the contractor’s Timber Sale Account (TSA) is charged for the number of CCF hauled in that month and any associated charges. The account is only charged for the exact amount of CCF hauled.

18. On-site at the campground this question was asked: If one product is hauled out one road system and another product hauled on a different road system, can each product have it’s own unique road maintenance deposit requirement? Frank Angele answered: yes, TSA can have multiple road maintntance deposit requirements depending on what road system the product is being hauled over.

Changes to the Solicitation

1. Appendix A, the provision WO-KT-FT.3.2# is deleted. Appendix B, the provision WO-K-F.3.2# is deleted. Main body of solicitation, the following clause is added:

Amendment 2, AG-82X9-S-09-0149, pg 4 of 5 Continuation of block 14.

40A ROAD MAINTENANCE DEPOSIT SCHEDULE

Other provisions herein notwithstanding, when Forest Service requests payment in lieu of Contractor’s performance of road maintenance, Contractor shall make Required Deposits (16 USC 537) for current and/or deferred road maintenance. Such deposits are based on the estimated volume and distance hauled and Contractor’s commensurate use of each road listed in the Road Maintenance Plan in clause 40.

Contractor and Forest Service may agree in writing on adjustment of such rates. If Contractor uses roads under jurisdiction of Forest Service other than those listed in the Road Maintenance Plan, Forest Service shall establish rates commensurate with Contractor’s use of such roads.

The Required Deposits for Forest Service work in lieu of Contractor performance and for deferred maintenance is: $__________ per 1/__________.

The following table lists who Contractor will make deposits for road maintenance to, and the rate per unit of measure of the deposit. The Road Maintenance Agreement is available for inspection at the Forest Supervisor’s Office.

2/

Fill ins will be specified at the task order level when applicable

2. Appendix A, provision RO-KT-GT.6.0.2# is deleted. Appendix B, provision RO-K-G.6.0.2# is deleted. Main body of solicitation, the following clause is added:

60A PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS. (11/06) In addition to the requirements of clause 60, Contractor shall seed and fertilize areas where mineral soil is exposed as designated by the Forest Service.

Unless otherwise agreed to in writing, seeding shall be done in the early spring or fall during weather and moisture conditions favorable for quick germination and growth of the plants. Seeding shall be completed in a timely manner following the last disturbance activity by the Contractor in the disturbed area.

The Certified seed analysis reports from each container shall be provided by Contractor to the Forest Service prior to application of the seed. Seed and fertilizer shall be spread evenly at the rate of pounds of seed and pounds of fertilizer per acre.

When fertilizer and seed are applied in separate operations, the second operation shall be carried out within 72 hours of the first operation.

When an adequate seedbed does not exist, Contractor shall scarify to get a 2 inch loose soil seedbed, prior to seeding.

The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:

Species of Seed

PLS Pounds per Acre Amendment 2, AG-82X9-S-09-0149, pg 5 of 5 Continuation of block 14.

All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current "All States Noxious Weeds List." Test results from a certified seed analyst and seed analysis labels attached to the bags will be provided to the Forest Service.

The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of contents clearly marked on containers:

Type of Fertilizer

Pounds Per Acre Fill ins will be specified at the task order level when applicable.

3. Main body of solicitation, the following clause is added:

25A STREAMSIDE MANAGEMENT ZONES. (11/06) A Streamside Management Zone (SMZ) is a zone that contains riparian vegetation and other special characteristics. Areas identified as Streamside Management Zones (SMZ's) are shown on the Contract Area Map and designated .

Timber designation, conduct of logging, conduct of service work, and/or slash treatment may differ in the SMZ from the rest of the unit. Unless otherwise agreed to in writing and notwithstanding the contract requirements otherwise applicable to each cutting unit, the following special requirements apply to the SMZ of the cutting units specified below:

Streamside Management

Cutting Unit(s)

Zone Requirements

Fill ins will be specified at the task order level when applicable.

4. Main body of solicitaiton, pg 12; the clause 52.216-27 is deleted. The clause 52.216-27 as written on page 65 remains unchanged.