Amendment_2_SF-30R__July_24_2012.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 5

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

Amendment 2 7/24/2012

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

USDA Forest Service 740 Simms Street Golden, CO 80401

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-12-9001

MBR - WR Long Term Stewardship

9B. DATED (SEE ITEM 11)

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.

This amendment to the solicitation deletes the original versions of some clauses and replaces them with revised versions; and answers questions received on July 23, 2012.

See attached 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.

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

MARTIN A. MARTINEZ

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

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

MBR-WR Long Term Stewardship – Solicitation # AG-82X9-S-12-9001 Amendment 2

General

Delete clause H.45 ECONOMIC PRICE ADJUSTMENT AND RATE RETERMINATION, in Amendment 1 and replace with the following:

H.45 ECONOMIC PRICE ADJUSTMENT AND RATE RETERMINATION

Economic Price Adjustment: There are 3 categories of items for which prices need to be adjusted throughout the term of the contract:

1) service work (Section B.1, B.1.a, and B.1.b),

2) road maintenance (H.27 and Appendix D)

3) temporary road construction (H.25 and Appendix C).

The Base Line for these items is hereby established as the prices reflected on the first year of the contract.

These adjustments are clarified below.

A). Service Work: The Government will apply two indexes to adjust the price of the service work.

The adjustments will be made as described below.

The first adjustment will be made on an annual basis using the index titled: Consumer Price Index (CPI) – Urban Wage Earners and Clerical Workers, Area: U.S. City Average, Series ID:

CWUR0000SA0L1E, Item: All items less food and energy. The base period price will be the price provided by the contractor and accepted by the government at the time of contract award. An annual price adjustment will be made within 40 calendar days of the anniversary date of contract award. The annual rate of price increase or decrease will be applied to each price listed in Sections B.1 and B.1A, and B.1.b. The new prices will be rounded to the nearest penny. The new prices will not be retroactive to any outstanding task orders; the new prices will only apply to task orders issued after the date of price adjustment. Regardless of the increase or decrease of the referenced index, the government limits the annual increase or decrease in prices that is based on this index to no more than 4% in any given year. Increases in price above 4% in any given year shall be borne by the contractor. Decreases in price greater than 4% in any given year shall be borne by the government.

The CPI referenced above is published by the U.S. Department of Labor, Bureau of Labor Statistics and can be found on their website at: http://www.bls.gov/cpi/home.htm. Once the annual price adjustment has been incorporated into the contract, the prices will not be changed even if the Bureau of Labor Statistics issues revised numbers for the period of adjustment. This first adjustment is to compensate the contractor for annual increases in labor and materials - exclusive of diesel fuel. It is intended to compensate the contractor for any increased wage and/or fringe benefits required by the incorporation of an updated wage determination under the Service Contract Act. If the contractor claims that this adjustment is inadequate to compensate for an updated wage determination, the contracting officer shall take into consideration the amount of adjustment made herein and subtract that amount from any amount determined to be due under the Service Contract Act.

The second adjustment, referred to as the Diesel Adjustment, will be made and applied to each task order at the time of issuance. The Diesel Adjustment will apply to All Schedule Item Numbers in B.1.

The Diesel Adjustment will be made based on data provided by the Energy Information Administration. The statistic that will be used is: Weekly Retail On-Highway Diesel Prices, Average All Types, Region: Rocky Mountain. This statistic is currently available on the Energy Information Administration’s website at: http://www.eia.doe.gov/. The Base Period Price will be $ 3.67 per gallon.

The base period price will not change; it will remain the same throughout the contract term. The Item

Number Prices for the Task Order will be determined by applying the most recent Weekly Retail price information available, in the manner described by the 3 formulas below.

• (Weekly Retail Price – Base Period Price) X .10 = Percentage of Adjustment Base Period Price

• (Percentage of Adjustment X Current Bid Item Price) = Dollar value of Adjustment

• Dollar value of Adjustment + Current Bid Item Price = Item Number Price for Task Order

Here is an example of how the formulas work when the Weekly Retail Price exceeds the Base Period Price:

($4.00 - $3.67) X .1 = .0090 (rounded to 4 decimal places) $3.67

.0090 x $650.00 = $ 5.85 (rounded to nearest penny) $5.85 + $650.00 = $655.85

Here is an example of how the formulas work when the Weekly Retail Price is less than the Base Period Price:

($3.00 - $3.67) X .1 = - 0.0183 (rounded to 4 decimal places) $3.67 -0.0183 x $ 650.00 = - $ 11.90 (rounded to nearest penny)

- $ 11.90 + $650.00 = $638.10

Questions Received July 23, 2012

Q1: Reference Appendix A. Page 12 of 20, Work Activity C. Remove from the Forest Preexisting slash piles, landing decks and associated work. Under the specifications section is listed the following: 'All landing slash piles or landing decks will be accessible from the forest development road or temporary road." Will the contractor be required to open and rebuild temporary roads that have been closed by the previous project work contract? If so, will the temporary road reconstruction be treated as a cost allowance item?

A1: Yes, contractor will be required to open, rebuild and obliterate temporary roads to access slash piles and/or landing decks. Temporary road cost allowance applies for service work greater than 1/4 mile from Forest System Road to treatment unit boundary. In addition, temporary road cost allowance does not apply for temporary road building within treatment unit boundaries. See H.25.

Q2: Reference Appendix A. Page 14 of 20, Work Activity E. Roadside hazard tree cutting, removal and associated work. Under the section of required work is listed "cutting designated trees from 1" to 4.9" DBH and treating the resulting cut material as slash." Will small tree biomass always be required to cut in Work Activity E? If small tree biomass is required to be cut, shouldn't those trees be included in the estimated TPA count used to determine the level of difficulty contract line item number?

A2: Designated small trees 1” to 4.9” DBH are required to be cut. If the trees are not designated then cutting is not required. If the trees are designated for cutting, then they are included in the estimated trees per acre.

In addition, delete Items No. 22A thru 22Y from “B.1b SCHEDULE OF ITEMS FOR THE WHITE

RIVER NATIONAL FOREST” and replace with the following :

Items No. 22A thru 22Y - Cut and remove designated trees generally within 100-150 feet of roadways. Cut and remove non-sawtimber designated trees, including boles to a 3” DIB. Remove topwood and defect from designated sawtimber trees to a 3” DIB.

Cut and treat as slash designated trees from 1” to 4.9” DBH. Treat resulting slash. Perform specific activities tied to system road maintenance, temporary road work, and erosion control.

Cover Type/Treatment Stewardship Work Activity Description Lodgepole pine or Spruce-Fir or

Mixed Conifer Roadside Hazard Tree Removal

Cut and remove non-sawtimber designated trees, including boles to a 3” DIB. Remove topwood and defect from designated sawtimber trees to a 3” DIB. Cut and treat as slash designated trees 1” to 4.9”. Lop and scatter on slopes <35% (22A-22E), Lop and scatter on slopes >35% (22F- 22J), Machine Pile on slopes <35% (22K-22O), Hand Pile on slopes <35% (22P-22T), or Hand Pile on slopes >35% (22U-22Y).

CONTRACT LINE ITEM UNIT

CUT TREES PER ACRE (TPA) NON-SAWTIMBER & “SMALL

TREE BIOMASS”

5-100 101-200 201-300 301-400 400+

CONTRACT LINE ITEM NUMBER

22A 22B 22C 22D 22E

Lop and Scatter Slash on slopes <35%

Acre

CONTRACT LINE ITEM UNIT 22F 22G 22H 22I 22J

Lop and Scatter Slash on slopes

>35% Acre

CONTRACT LINE ITEM UNIT 22K 22L 22M 22N 22O

Machine Pile Slash on slopes <35% Acre

CONTRACT LINE ITEM UNIT 22P 22Q 22R 22S 22T

Hand Pile Slash on slopes <35%

CONTRACT LINE ITEM UNIT 22U 22V 22W 22X 22Y

Hand Pile Slash on slopes >35% Acre

Q3: In the Spruce Gulch 530 Task Order, small tree biomass trees are designated to cut in H.1 1.5.4 because the minimum stump sized is 3.0" and with two inch taper, the minimum DBH must be 1.0" which is small tree biomass. However, B.l Schedule of Supplies /Services does not include small tree biomass trees in the estimated TPA level. Is small tree biomass required to be cut in this task order? If so, why wasn't small tree biomass included in the TPA level?

A3: The minimum stump diameter of 3.0” is intended to be a 3.0” DBH. The stump diameter may vary between task orders due to variance in taper based on local site information. Small tree biomass is designated to be cut in the task order and is therefore included in the TPA estimate.

Q4: Reference Appendix A. Page 13 of 20, Work Activity E. Roadside hazard tree cutting, removal and associated work. Will aspen ever be included as trees designated to be cut and removed?

A4: Yes, aspen may be included as trees designated to be cut and removed in Work Activity E if designated in the task order. The lodgepole pine, spruce-fir and mixed conifer cover types may include a component of aspen which is typically intermingled through a stand in small amounts.

Q5: Reference Appendix A. Page 10 of 20, Work Activity A. Under the specifications section, Item 5 includes: "Slash that is generated as a result of cutting designated trees will be treated by lopping and scattering within 24 inches of the ground or by machine piling..." Are the machine piles to be constructed in the unit or is this in reference to landing slash piles? If the machine piles are to be constructed in the unit, would whole tree skidding with almost all of the slash being piled at the landing be an acceptable procedure in place of machine piles in the units?

A5: Generally the Contractor will have the option to machine pile slash in the unit or whole tree skid and pile slash at the landing, unless the task order specifies that piles be left in the unit. Skidding or yarding of designated trees to the landing with tops and limbs attached will be allowed unless otherwise specified.

Q6: Reference Amendment l, page 2 of 9. The revised K-D.3.5# - SCHEDULED RATE REDETERMINATION says the "Contracting Officer may redetermine cost allowances rates at the conclusion of the 3rd, 6th, and 9th program years...". while on page 8 or 9, the answer to Question 26 includes: "Road Maintenance & Temporary Road Work: Price adjustment will be made at the time of Scheduled Rate Redeterminations required under K-D.3.5#..." We would like assurance the cost allowances rates will be adjusted as scheduled rather than may be adjusted.

A6: Contracting Officer will redetermine cost allowance rates at the end of the 3rd, 6th, and 9th program years if Contracting Officer determines that the redetermined rates have gone up or down significantly.

Q7: Reference Amendment 1, page 6 of9. The last paragraph addresses a price adjustment for adverse skidding and states the following: 'ADVERSE SKID ADJUSTMENT - Applies to items 13A thru 18J, 20A thru 20H, 2lA thru 21D, 22A thru 22Y & 24A thru 24E)" We think this is a very good change to the contract but wondered why only items for the White River were listed and not the Med Bow/Routt. Was this a mistaken omission, or is there a reason why the Med Bow-Routt items were not included in the list of applicable items?

A7: Yes, this was a mistaken omission.

In Section B.1a and B.1.b of the Schedule of Items add the following paragraphs after the AVERAGE SKID DISTANCE ADJUSTMENT (delete wording from Amendment 1 and replace with the following):

ADVERSE SKID ADJUSTMENT – Applies to items 1A thru 6J, 8A thru 8H, 9A thru 9D, 10A thru 10Y, 12A thru 12E, 13A thru 18J, 20A thru 20H, 21A thru 21D, 22A thru 22Y, & 24A thru 24E.

Adverse Skid Adjustment – An adjustment will be made to the amount paid for work requiring removal of non-sawtimber and/or biomass products when more than 20% of the volume in a unit requires adverse (uphill) skidding on slopes exceeding +20% for a distance of 200 feet or more.

The adjustment will be calculated as follows:

Adjustment = $2 + [$.0103 X (Average adverse skid distance in feet – 200 feet)]

EXAMPLE : The products on 20 acres of the 50 acre unit will be adverse skid on slopes > 20%. The average skid distance (AYD) for the adverse skid is 900 feet. The average number of tons/acre of forest products to be adverse skid is 50 tons/acre (estimated from cruise). The bid price for the service work in the unit is $550 per acre.

$2 + [$0.0103 X (900’ – 200’)] =$9.21/ ton adjustment $9.21/ton X 50 tons/ acre x (20 acres of adverse skid /50 acres total) = $180.20/ acre adjustment $550 / acre + $180.20 / acre adjustment = $730.20 per acre $730.20 per acres would be the adjusted price paid for the service work in this unit.The adverse skid distance adjustment also applies to contract line items 1A thru 6J, 8A thru 8H, 9A thru 9D, 10A thru 10Y, & 12A thru 12E.