Amendment 0001.pdf

(x)

AG-82X9-S-12-0103

x x

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 ACKNOWLEDGEMENT 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.

x

82X9

DURANGO CO 81301

15 BURNETT COURT

ROCKY MOUNTAIN REGION ATTN AQM

USDA FOREST SERVICE

07/16/20120001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/16/2012

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

TITLE: VALLECITO ROAD CONSTRUCTION, SAN JUAN NATIONAL FOREST, COLORADO

This amendment is hereby issued to provide for the following:

1. The Sign-in Sheet from the 7/25/12 site visit is attached.

2. Section B, page 4 of 38 of the solicitation, is hereby amended and replaced in its entirety and is attached.

3. Pages 13, 24 and 29 are hereby revised and replaced to provide for updated versions of clauses 52.223-2, 52.204-8 and 52.223-1, respectively.

Continued ...

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

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

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-82X9-S-12-0103/0001

3. The following pen and ink changes are hereby made to the solicitation: Paragraph 452.215-71, Paragraph (c)(2) on sheet 36 of 38. Delect the words "SF-1449" and replace with the words

"SF-1442".

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. AG-82X9-S-12-0103 – Amendment 0001 Page 4 of 38 Vallecito Road Construction

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

B.1 SCHEDULE OF ITEMS:

ITEM NO.

DESCRIPTION

UNIT OF ISSUE EST.

QTY.

UNIT

PRICE

TOTAL

AMOUNT

15101 Mobilization LS 1 $ $ 15212 Slope, reference, and clearing and grubbing stakes; method I, tolerance C

LS 1 $ $

15255(a) Grade finishing stakes, top of subgrade, tolerance D

LS 1 $ $

15255(b) Grade finishing stakes, base course, tolerance A

LS 1 $ $

15255(c) Grade finishing stakes, asphalt pavement, tolerance A

LS 1 $ $

15702 Silt fence FT 3,500 $ $ 20101 Clearing and grubbing ACRE 7 $ $ 20422 Topsoil (stockpiled) CY 3,300 $ $ 20455 Embankment construction CY 23,702 $ $ 20950 Pipe bedding material CY 20 $ $ 20951 Pipe backfill, method C CY 40 $ $ 20956 Pipe culvert excavation CY 60 $ $

30103(a) Aggregate base, grading borrow, compaction method C

CY 2,620 $ $

30103(b) Aggregate base, grading, CDOT Class 6, compaction method C

CY 2,413 $ $

40450 Minor hot asphalt concrete, Colorado State DOT, grading S

TON 2,221 $ $

60271 ADS 18” pipe culvert FT 219 $ $ 61901(a) Fence, chain-link, height 7'-0" FT 1,691 $ $ 61901(b) Fence, Barbed Wire, height 4'-0" FT 5,376 $ $ 61902(a) Gate, sliding chain-link, height 6'-0" EA 6 $ $ 61902(b) Gate, panel type, height 5'-0" FT 72 $ $

62406 Placing conserved topsoil ACRE 7 $ $ 62506 Seeding, hydraulic method ACRE 3.5 $ $ 62513 Mulching, hydraulic method ACRE 3.5 $ $ 63301 Sign system EA 4 $ $

63406(a) Pavement markings, type K (color yellow) LS 1 $ $ 63406(b) Pavement markings, type K (color white) LS 1 $ $

TOTAL $

NOTE: Payment will be made on actual work performed as described in Supplemental Specification to FP-03, 109.01, unless otherwise noted.

Payment for bond premiums shall be made in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contract, and shall not be in addition to the contract price. Include all costs for bond payments under Item 15101, Mobilization.

52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause)

Solicitation No. AG-82X9-S-12-0103 – Amendment 0001 Page 13 of 38

SECTION I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

(End of clause)

52.202-1 Definitions. (JAN 2012) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-7 Central Contractor Registration. (FEB 2012) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (FEB 2012) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (JAN 2011) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005) 52.222-6 Davis-Bacon Act. (JUL 2005) 52.222-7 Withholding of Funds. (FEB 1988) 52.222-8 Payrolls and Basic Records. (JUN 2010) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (JUL 2005) 52.222-12 Contract Termination - Debarment. (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (FEB 1988) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-35 Equal Opportunity for Veterans. (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 52.222-37 Employment Reports on Veterans. (SEP 2010) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.222-54 Employment Eligibility Verification. (JAN 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (JUL 2012) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001)

Solicitation No. AG-82X9-S-12-0103 – Amendment 0001 Page 24 of 38

SECTION K - Representations, Certifications, and Other Statements of Offerors

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): https://www.acquisition.gov/far/

(End of provision)

52.226-28, Preparation of Proposals-Construction (OCT 1997)

52.204-8 Annual Representations and Certifications. (MAY 2012)

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

(2) The small business size standard is $33.5.

(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 (d) of this provision applies.

(c) Deleted as 52.204-7 applies

(d) The offeror has completed the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision 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.

(End of provision)

52.209-7 Information Regarding Responsibility Matters. (FEB 2012)

(a) Definitions. As used in this provision--

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Solicitation No. AG-82X9-S-12-0103 – Amendment 0001 Page 29 of 38 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 date specified in the contract for exercising 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/content/table-small-business-size-standards.

(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 that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause 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 contract number AG-82X9-C-12-[insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.223-1 Biobased Product Certification. (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION, ALT I (DEVIATION 2012-01) (FEB 2012)