A001_posting_Statewide.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

N/A

PAGE

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

A001 9/28/09 N/A MT PFH 2009(2)

MT STATEWIDE 2009 PAVEMENT

PRESERVATION PROJECTS

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

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

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

X DTFH70-09-00014

9B. DATED (SEE ITEM 11)

9/23/09

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A

N/A

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

(__ ) 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)

N/A

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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.

N/A

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).

N/A

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

N/A

D OTHER (Specify type of modification and authority) N/A

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

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

MT PFH 2009(2), MT STATEWIDE 2009 PAVEMENT PRESERVATION PROJECTS

See page 2 for revisions.

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) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

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

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. A001, dated 09-28-09 MT PFH 2009(2) Solicitation No. DTFH70-09-B-00014 MT STATEWIDE 2009 PAVEMENT Page 2 PRESERVATION PROJECTS

REVISIONS ARE AS FOLLOWS:

NOTICE TO BIDDERS

Page A-1 revises the last day to submit questions.

Page A-2a revises fax number for submitting bid modifications.

Page A-2b adds sentence on fuel and asphalt price adjustment.

SPECIAL CONTRACT REQUIREMENTS

Page E-18, Subsection 109.06A(b), Fuel price adjustment. Changes reporting location to Missoula, Montana.

PLANS –Non-technical Revision (E-revision ONLY)

Beginning on plan sheet A.3 of each schedule, the plan sheets have been revised to note the applicable schedule in the top right corner. Since this is a non-technical change, we are not attaching the revised plan sheets. If you would like this updated version of the plan sheets, they are now available at: http://www.wfl.fhwa.dot.gov/edi/plans/statewide2009/. The initial version is no longer available.

ENCLOSURES

Pages:

A-1 A-2a A-2B E-18

Plan Sheets –None. This is an Electronic revision only.

A-1

Notice to Bidders Project: MT PFH 2009(2), Montana Statewide 2009 Pavement Preservation Projects

03USC07/06/09

NOTICE TO BIDDERS

I. Pre-bid Information.

Revised by Amendment A001

How many bid schedules are there in this solicitation? Bids are being invited under five separate bid schedules, designated Schedule A, Schedule B, Schedule C, Schedule D, and Schedule E.

Is there an overlap of work between the schedules? No. Schedules A, B, C, D and E represent different work.

How many schedules do I need to submit with my bid? Complete one or more schedules.

How will FHWA determine the low bidder? We will determine an apparent low bidder for each bid schedule.

If I’m the apparent low on multiple schedules, will the schedules be awarded as one contract? No, each schedule will be awarded as a separate contract.

TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR THIS PROJECT

WILL BE ACCEPTED UNTIL CLOSE-OF-BUSINESS ON

OCTOBER 22, 2009.

Questions can be submitted and answers viewed by going to project information at:

http://www.wfl.fhwa.dot.gov/contracting/construction/advertised.htm Every attempt to respond to questions will be made. However, response to questions received after the above posted date is not guaranteed.

A-2a

Project: MT PFH 2009(2), Montana Statewide 2009 Pavement Preservation Projects

REPS & CERTS. Submit or update Representations and Certifications online at http://orca.bpn.gov before bid submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see page B-2). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

Requests for technical information (Plan and Division 100 – 700 Specification questions only) about this project will only be accepted in writing (see Block 9 on page A-5).

This solicitation contains a Price Evaluation Factor. In accordance with CFR subsection 126.613, we will apply a factor of 10% to an apparent low bid submitted by a large business when we also receive a bid from a HUBZone small business; the 10% factor does not apply to apparent low bids submitted by a small business. This factor will be applied on a schedule-by-schedule basis.

If the contract is awarded after applying the price preference for HUBZone small business concerns under FAR clause 52.219-4; at least 50 percent of the cost of the contract performance incurred for personnel must be spent on the prime Contractor’s employees or the employees of other qualified HUBZone small business concerns. See Subsection 108.02A.

Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, and 20C are completed correctly. Sign Block 20B according to the instructions in Subsection 102.02. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page B-1. Failure to furnish or complete any of the above may result in your bid being considered nonresponsive and being rejected.

Facsimile bids are not authorized for this solicitation. Bids may be modified or withdrawn by facsimile, if such notice is received by the time specified for receipt of bids. The Government will not be responsible for any failure attributable to the transmission or receipt of facsimile data.

See FAR Provision 52.214-5, Submission of Bids. FAX 406.449.5314.

Notice of CCR Registration. You must register in the Central Contract Registration (CCR) prior to award of this contact. Failure to register prior to contract award will require award to be offered to the next successful registered Offeror. See FAR Subpart 4.1103(c). Register online at http://www.ccr.gov.

III. Post Award Information.

Insurance requirements are set forth in Subsection 107.05.

Contractor Performance Evaluations. FHWA is now posting evaluations in the National Institutes of Health’s Contractor Performance System (CPS) for completed projects. Register at https://cps.nih.gov/infopage.asp (Click on “CPS Info” tab, then click on “Contractor Information” button) to view and comment on evaluations. System registration is only required once. Review the evaluation and submit comments within 30 days of notification. Reviewing the evaluation and submitting comments is limited to one entry. If unable to register, call

360.619.7520 for assistance or a copy of the evaluation. You can also access the Contractor User Manual from this web link.

A-2b

IV. Specifications and Permits.

This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR), agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units. Obtain paper copies of the FP- 03 by calling 360.619.7520, e-mailing at plans_spec@fhwa.dot.gov, or writing Federal Highway Administration, 610 East Fifth Street, Vancouver, WA 98661. An electronic version may be found at http://www.wfl.fhwa.dot.gov/resources/design/specs/

Material sources, water sources, haul roads, staging areas, stockpile areas and waste areas have not been identified for this project. Secure all permits and clearances for Contractor-located sites and sources. See Subsection 105.02(b) and 107.10.

An adjustment for the price of fuel and asphalt binder has been included in this contract. See Subsection 109.06A.

E-18

Special Contract Requirements

• Government rebate – When the ratio MPPI/BPI is calculated to be less than 0.90, the Government is due a rebate as follows:

Government Rebate = (0.90 – MPPI/BPI) (BPI) (Q)

• Contractor payment - When the ratio MPPI/BPI is calculated to be greater than 1.10, the Contractor is due additional payment as follows:

Contractor Payment = (MPPI/BPI – 1.10) (BPI) (Q)

Where:

Q = Table 109-1 pay item quantity (tons) x (% Asphalt Binder/100). The percentage of asphalt binder as determined from the approved job-mix formula.

(b) Fuel price adjustment. The Government will determine price indexes for fuel using price data obtained from the Oil Price Information Service (OPIS) which publishes a daily report (Monday through Friday) on gasoline and distillate reseller prices. Gross No. 2 Distillate rack average price data for Ultra Low Sulfur No. 2 Diesel fuel reported for Missoula, Montana will be averaged and used to establish a Base Price Index (BPI) and a Monthly Performance Price Index (MPPI). These indexes are defined as follows:

(1) Base price index. The Base Price Index (BPI) is a price index determined by the arithmetic average as specified above, reported in the OPIS publications for the four weeks immediately preceding the bid opening.

BPI (LOW SULFUR, NO. 2 DIESEL FUEL) = $ [PRICE TO BE INSERTED AT AWARD] per U.S. gallon

(2) Monthly performance price index. The Monthly Performance Price Index (MPPI) is the arithmetic average of the weekly price data from OPIS publications issued before the last Wednesday of the month in which the work was performed.

The BPI and MPPI will be posted at http://www.wfl.fhwa.dot.gov/construction/escalation/

Price adjustments to fuel will be calculated by the Government using a ratio of the MPPI/BPI to determine price adjustments as follows:

• No Price Adjustment – When the ratio MPPI/BPI falls within the range of 0.90 to 1.10, no price adjustment will be made for fuel used in construction work performed during the relevant month.

• Government Rebate – When the ratio MPPI/BPI is calculated to be less than 0.90, the Government is due a rebate as follows:

Government Rebate = (0.90 – MPPI/BPI) (BPI) (Q) (FUF)

• Contractor Payment - When the ratio MPPI/BPI is calculated to be greater than 1.10, the Contractor is due additional payment as follows:

Contractor Payment = (MPPI/BPI – 1.10) (BPI) (Q) (FUF)