Amendment 3.SF30.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

USDA Forest Service IBET Acquisitions

Tahoe National Forest

631 Coyote Street

Nevada City, CA 95959

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AG-9A63-S-10-0028 A & E

9B. DATED (SEE ITEM 11)

03/19/2010

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10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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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).

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C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

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D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, FORMCHECKBOX is required to sign this document and return one copy to the issuing office.

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

Due to a misunderstanding over changes in USDA Forest Service Policy the solicitation has changed again. The Small Business Set Aside status is now reinstituted for this procurement. The NAICS code is 541310 and 541330 and the size standard for both is $4.5 million. This may also effect your consultants and subcontractors.

PAGE 2: CLAUSES REGARDING SMALL BUSINESS SET ASIDES

PAGES 3: SOLICITATION QUESTIONS AND ANSWERS

You will need to return the first page only signed with your qualification package.

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

19.502-2 Total small business set-asides.

(a) Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 ($15,000 for acquisitions as described in 13.201(g)(1)), but not over $100,000 ($250,000 for acquisitions described in paragraph (1) of the Simplified Acquisition Threshold definition at 2.101), is automatically reserved exclusively for small business concerns and shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. If the contracting officer does not proceed with the small business set-aside and purchases on an unrestricted basis, the contracting officer shall include in the contract file the reason for this unrestricted purchase. If the contracting officer receives only one acceptable offer from a responsible small business concern in response to a set-aside, the contracting officer should make an award to that firm. If the contracting officer receives no acceptable offers from responsible small business concerns, the set-aside shall be withdrawn and the requirement, if still valid, shall be resolicited on an unrestricted basis. The small business reservation does not preclude the award of a contract with a value not greater than $100,000 under Subpart 19.8, Contracting with the Small Business Administration, under 19.1007(c), Solicitations equal to or less than the ESB reserve amount, or under 19.1305, HUBZone set-aside procedures.

(b) The contracting officer shall set aside any acquisition over $100,000 for small business participation when there is a reasonable expectation that (1) offers will be obtained from at least two responsible small business concerns offering the products of different small business concerns (but see paragraph (c) of this subsection); and (2) award will be made at fair market prices. Total small business set-asides shall not be made unless such a reasonable expectation exists (but see 19.502-3 as to partial set-asides). Although past acquisition history of an item or similar items is always important, it is not the only factor to be considered in determining whether a reasonable expectation exists. In making R&D small business set-asides, there must also be a reasonable expectation of obtaining from small businesses the best scientific and technological sources consistent with the demands of the proposed acquisition for the best mix of cost, performances, and schedules.

(c) For small business set-asides other than for construction or services, any concern proposing to furnish a product that it did not itself manufacture must furnish the product of a small business manufacturer unless the SBA has granted either a waiver or exception to the nonmanufacturer rule (see 19.102(f)). In industries where the SBA finds that there are no small business manufacturers, it may issue a waiver to the nonmanufacturer rule (see 19.102(f)(4) and (5)). In addition, SBA has excepted procurements processed under simplified acquisition procedures (see Part 13), where the anticipated cost of the procurement will not exceed $25,000, from the nonmanufacturer rule. Waivers permit small businesses to provide any firm’s product. The exception permits small businesses to provide any domestic firm’s product. In both of these cases, the contracting officer’s determination in paragraph (b)(1) of this subsection or the decision not to set aside a procurement reserved for small business under paragraph (a) of this subsection will be based on the expectation of receiving offers from at least two responsible small businesses, including nonmanufacturers, offering the products of different concerns.

(d) The requirements of this subsection do not apply to acquisitions over $30,000 during the period when small business set-asides cannot be considered for the designated industry groups (see 19.1007(b)).

52.219-14 Limitations on Subcontracting.

As prescribed in 19.508(e) or 19.811-3(e), insert the following clause:

Limitations on Subcontracting (Dec 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

QUESTIONS AND ANSWERS:

1. Should the Standard Form 330 include consultants such as civil, structural, mechanical etc.? YES.

2. If the consultants are included should we provide a Part II General Qualifications for each? YES.

3. We work with a couple of qualified bridge inspection firms however the NBIS certification seems to mean a particular certification course was taken. How critical is this if a firm is qualified otherwise and plans to become “certified”?

I would mention the intent to certify in your qualification and response package. If a bridge inspection task order is needed they would only go to qualified firms on the IDIQ contract list. I would mention the experience your sub-contractors have in bridge inspection and the ability to qualify for the certification.

4. There is reference to “Timber Sale Contract Specifications”. Are the services of a Forester anticipated here or just familiarity with these specifications?

Familiarity of these type of contract specs only since road building and maintenance are included in these now. Foresters will not be needed under this contract.

5. We are interested in teaming with a prime firm for the USFS contract Solicitation No. AG-9A63-S-10-0028.

How can I get a list of interested vendors?

There is a link (tab on top of the page) of interested vendors on the Synopsis/solicitation page on www.fbo.gov. Last time I checked there were several (over 100) vendors on the list.

6. Criteria 1-5 read as additional components outside of the 330. Should we include these items within the 330 under section H so long as it fits within the 30 page limit?

Responses to the specific criteria can be in any format. Whether it is easier as part of the SF330 or as attachments to, but the 30 page limit includes the SF330 and attachments.

7. Regarding AG-9A63-S-10-0028 the submission requirements instruct us not to submit binders, folders, and bindings. How are we to submit the 3 copies of the proposal?

We would like just the paper (30 pages), no fancy bindings, covers, presentation folders. You can use removable clips, rubber bands, perhaps staples or other temporary separation methods for the 3 separate copies. We take the qualifications and response out, then throw the binders and folders away. We also need to reproduce the packages and taking the documents out of bindings, having thicker paper and plastic covers causes reproduction issues.

8. Are you requiring us to furnish SF 330 Part II forms for each subconsultant that we put on the team? Part IIs will contribute substantially to the page count, so I want to make sure I know how many pages I have left to work with.

SF330 Part II are required for major contributors to the team effort. We need to know what the "team" qualifications will be for the potential contract. It is up to your organization to determine which team members are required in response to our request for qualifications, you will be evaluated based on your submittal. If you are missing coverage as part of your team of a necessary position type, evaluators may reduce your overall score. The page count is 30 sheets of paper- can be front and back 9.What types of architectural projects are anticipated? What types of buildings are likely to be involved in the work?

Usually design for smaller recreation sites and building design, and smaller construction projects for facilities/roads located on a National Forest. Larger projects will probably be solicitated separately from this contract. Not all projects will involve design, a large portion will be engineering support, Surveying, document review/ document creation, testing, construction inspection, and construction services.

10. Are we applying as an individual consultant or are we proposing as a team of A/E consultants?

We are looking for a team for this project. We would like to see most areas of our requirements covered, and it depends on your individual company capabilities how many sub contractors or other firms will be involved.

11. I have a question regarding solicitation AG-9A63-S-10-0028. For the requirement "This acquisition is set-aside 100% for small businesses in NAICS 541310 and 541330." Can the lead firm be a small business and the sub-contractors/consultants be large firms?

Yes, you can subcontract parts of the projects to a large firm, however your firm should have a sufficient staff in core areas that your firm could do 50% percent of the cost of personnel to complete the work. If we see the proposing company is a one or two person office without sufficient capabilities to support our projects and the majority of the contract work would only be a pass-through to the large company, then it probably is not in the Government's best interest since we would in theory be paying overhead and profit for two firms (the Prime and Sub). The FAR Clause governing this is below. I hope this answers your question, if not let me know. SEE 52.219-14 Limitations on Subcontracting on page 2 of this amendment.