amendment2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF

CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 1

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Amendment 0002 09/10/2010

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

ROCKY MOUNTAIN ACQUISITION SERVICE TEAM -

DURANGO OFFICE

15 BURNETT COURT

DURANGO, CO 81301

SAME AS BLOCK 6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

X

AG-82X9-S-10-0147

9B. DATED (SEE ITEM 11)

08/11/2010

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN

THE CONTRACT ORDER NO. IN ITEM 10A.

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:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor 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.

TREASURE FALLS HAZARDOUS TREE REMOVAL PROJECT - Sections L & M, pages 25 thru 30, are hereby replaced to provide for:

a. Incorporation of FAR 52.215‐5, Facsimile Proposals, Fax Number 970‐385‐1243.

b. Added a Technical Evaluation, as identified at the “show‐Me trip”, for a Dewatering Plan the changes in Sections L and M are in red Font.

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.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

GINGER R. DOMINGOS

Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

09/10//2010 (Signature of person authorized to sign) (Signature of Contracting Officer)

Solicitation No. AG-82X9-S-10-0154 Page 25 of 30

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)

52.215-1 Instructions to Offerors--Competitive Acquisition (JAN 2004) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) (Applicable if contract exceeds $10,000)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

52.215-5 Facsimile Proposals (Oct 1997)

(a) Definition. “Facsimile proposal,” as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: (970) 385-1243

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

Solicitation No. AG-82X9-S-10-0154 Page 26 of 30

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of provision)

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.

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) An organized site visit has been scheduled for—

August 26, 2010 at 10:00 AM (Local Time)

(c) Participants will meet at—

At the Project site [Insert location]

(End of provision)

Solicitation No. AG-82X9-S-10-0154 Page 27 of 30

INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS

(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. Failure to submit this information will render the offer as non-responsive.

(1) - The proposal must include a technical proposal and business proposal (Schedule B). 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:

1 copy of the completed, signed offer (Sections A (SF-1449), B, and K of the solicitation package) 1 copy of the technical 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:

(`1) - Experience: Provide a list of all types of work performed, the dollar amounts of those projects, and a brief description describing the scope of those projects. Demonstrated recent experience in all aspects of relevant construction to the scope of this project will be looked upon more favorably than older or non-similar work.

(2) – Dewatering Plan: In less than one page, one-sided, provide a statement in sufficient detail to describe the planed dewatering during construction at the project site.

(3) – Past Performance: The technical proposal must address past performance. Offerors shall submit the following information as part of their proposal for both the Offeror and proposed major subcontractors. Offerors should provide only the information listed below. General performance information will be received from references provided.

Solicitation No. AG-82X9-S-10-0154 Page 28 of 30

A list of all major contracts and subcontracts completed during the past three (3) years and all contracts and subcontracts currently in process. The list should include, but is not limited to, contracts and subcontracts similar in nature and complexity to that required by this solicitation.

Offerors that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all key personnel. Include the following information for each contract and subcontract:

(A) Name of contracting activity/Owner

(B) Contract Number

(C) Total Value

(E) Completion date, or stage of completion if still in progress

(F) Description of scope of work

(G) Name, Address, and Telephone

Each offeror will be evaluated on their performance under existing and prior contracts of a similar nature. Performance information will be used as an evaluation factor against which offerors’ relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. References other than those identified by the offeror, may be contacted by the Government, with the information received used in the responsibility determination and in evaluation of the offeror’s past performance.

The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMP clearance number 9000-0142. Both, this information provided in the proposal, and Government records will be used to evaluate the Offeror’s past performance; however, references other than those listed may also be contacted.

(c) Business Proposal completed, signed offer (Sections A, B, and K of the solicitation package)

(1) Price Proposal: This criterion will include consideration of cost information provided to support item prices entered in Section B, Schedule of Items. It is the Government's intent to assess the price/cost breakdown to determine (1) reasonableness, and (2) offeror's understanding of the work.

Solicitation No. AG-82X9-S-10-0154 Page 29 of 30

SECTION M - EVALUATION FACTORS FOR AWARD

This contract will be awarded on factors other than of price (Best Value) and may be awarded without discussion. The Government will evaluate each proposal against the following factors:

technical/experience, past performance, and price.

Of the three factors, experience and past performance will be of equal importance. When combined past performance, technical/experience are essentially equal to price.

M-1 - EVALUATION, NEGOTIATION, AND AWARD PROCESS

(a) Proposals will be evaluated according to the criteria stated below. Proposals shall be prepared in accordance with instructions shown in Section L, Instructions for Preparation of Proposals. Proposals will be evaluated and rated to determine those Offerors, which are within the competitive range, price and other factors considered. Proposal should be submitted initially on the most favorable terms, which the Offeror can make to the Government. The Government reserves the right to reject any or all proposals or to make award without conducting discussions/negotiations.

(b) Discussions/Exchanges/Negotiations (oral or written) may be conducted as appropriate with all Offerors considered to be within the competitive range. For the purpose of this solicitation, discussions shall not be considered to have been initiated where the Government requests additional information supplementing or clarifying a proposal without materially changing it. Discussions shall be considered to be open negotiations with an Offeror for the purpose of revising or materially changing the proposal as submitted. Where discussions are held, they will be concluded by the Contracting Officer by a request for a Final Proposal Revision. The Final Proposal Revision must reflect the appropriate clarifications and revision in response to discussions. A firm date will be provided for submission of the Final Proposal Revision.

(c) Following final evaluation of proposals, the Contracting Officer will award a contract to that Offeror:

(1) whose proposal is technically acceptable and (2) whose technical/cost relationship is the most advantageous to the Government. 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 to that Offeror submitting the lowest price. Also, award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest and to the advantage of the Government.

(d) Award may be made without further negotiations. Proposals should be submitted initially on the most favorable terms, from a price and technical standpoint, which the Offeror can submit to the Government. 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.

Technical Proposal. The technical proposals will be evaluated and ranked on the basis of the criteria below. Each technical factors are of equal importance

Solicitation No. AG-82X9-S-10-0154 Page 30 of 30

(1) Experience: Reference Section L, regarding what to submit with the technical proposal for demonstrating experience.

(2) Dewatering Plan: Reference Section L, regarding what to submit with the technical proposal for demonstrating experience.

(3) Past Performance: Reference Section L, regarding what to submit with the technical proposal for past performance evaluation. 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.

Price Proposal: This criterion will include consideration of cost information provided to support item prices entered in Section B, Schedule of Items. It is the Government's intent to assess the price/cost breakdown to determine (1) reasonableness, (2) offeror's understanding of the work and (3) bond capacity.

Cost/price is essentially equal in importance to the technical evaluation criteria; however, the importance of cost may become greater as the difference between technical proposals decrease. Where technical proposals are determined to be substantially equal, cost may control award.

Technical proposals will be evaluated and ranked by an evaluation panel according to the criteria in Section M The panel will not have access to the price proposal during the technical evaluation process.

See Section L for information required for the price and technical proposals.

Failure to submit this information will render the offer as non-responsive.

This contract may be awarded without discussion.