2.Bidders Package-EBS BPA.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

N/A

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

See Block 31C

4. ORDER NO.

5. SOLICITATION NUMBER

12363N21Q4002

6. SOLICITATION ISSUE DATE

June 28, 2022

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Mark T. Phillipp Mark.Phillipp@usda.gov

b. TELEPHONE NO. (No collect calls)

541-410-1187

8. OFFER DUE DATE/LOCAL TIME

N/A

9. ISSUED BY CODE 363N 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

USDA Forest Service Procurement & Property Services National Stewardship Contracting Branch ATTN: Mark T. Phillipp / Nikki Layton Mark.Phillipp@usda.gov Nikki.Layton@usda.gov

UNRESTRICTED

SET ASIDE: 100 % FOR

SMALL BUSINESS

DESTINATION UNLESS BLOCK

IS MARKED

SEE SCHEDULE

SMALL DISADV.BUSINESS

8(A) 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

NAICS: 113310 / 115310

13b. RATING

SIZE STD:500 Emp. or $8M or $20.5M depending on work

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE 363N

As Indicated on Each Call USDA Forest Service Procurement & Property Services National Stewardship Contracting Branch

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

COMPANY:

ADDRESS:

EMAIL:

PHONE:

SAM UEI:

*Invoice Processing Platform (IPP):

All invoices must be submitted electronically through the Invoice Processing Platform via www.IPP.gov.

*All Invoices for Non-Monetary Credits must be submitted to the Forest COR via email.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

REGION 6

Eastern Blues Stewardship (EBS) BPA

Malheur, Umatilla, and Wallowa-Whitman National Forests, Oregon

Award under this solicitation will be made through issuance of multiple Blanket Purchase Agreements

See Schedule of Items

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN via Email to Mark.Phillipp@usda.gov and Nikki.Layton@usda.gov.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REFERENCE _______________________OFFER DATED

_________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Mark T. Phillipp 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 2/2012)

Eastern Blues Stewardship BPA, Oregon Solicitation No. 12363N21Q4002 Bidders Package Page 2 of 13

Instructions and Work Description for Pay Items/Work Activities:

Please respond fully to the solicitation requirements (e.g., pricing, certifications and representations, and selection criteria).

Provide commercial pricing for all work activities shown in the schedule of items (see attached Schedule of Items for exceptions). The rates your firm proposes shall be commercial “shelf” rates that will be used for award evaluation purposes derived from Appendix A Scenario. Vendors are cautioned that as awards of a Blanket Purchase Agreements are based, in part, on the pricing proposed herein, subsequent vendor quotes for specific unit BPA calls must be representative and reflective of those rates or they shall be removed from the pool of vendors for that work activity. Therefore, it is imperative that each vendor provide the Government with their best commercial rate for each activity line item and that those rates be similar to the quotes on individual BPA calls submitted for specific units in the future.

(See Appendix A Scenario Attachments)

Note: The general logging system used for future call orders with commercial treatments of timber will generally be ground based. There may be a need for more complex systems used with the ground base including but not limited to skyline, chipping, or helicopter systems. Therefore, contractors submitting proposals for commercial treatments may be requested to use either of these more complex systems.

The fuels and silvicultural treatment projects Hand Piling, Machine Piling and Small Tree Felling will typically be a follow-up treatment to Chain-saw Tree Thinning or biomass utilization. (Note: Biomass Utilization is in lieu of other slash treatments). Mastication may be a follow up treatment or an initial treatment where light and/ or heavy brush components and/or small trees up to 8 inches (or some combinations of all) shall be masticated. The fuel treatment projects typically have a Limited Operating Period for wildlife between March 1 and August 31, during which no operations are allowed unless the project has been surveyed. Biomass Utilization: This task item is for the removal of any contractor generated slash that would otherwise be treated with other slash treatment methods. A combination of one of the slash treatment methods (listed in Appendix A scenario) in conjunction with this task item is acceptable. All line items are associated with Stewardship activities.

NOTE: If there are any questions about pricing you may contact Ingrid Anderson at (541) 527-5462 or ingrid.anderson@usda.gov.

As specified herein, utilization of Service Contract Act and Davis Bacon wage rates shall be used in response to this solicitation. Delivery Orders issued under this contract shall require Service Contract Act wage rates or Davis-Bacon wage rates or both depending on specific activities within the delivery order. Construction work activities will most often be issued on a lump sum basis or as identified within “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP14)” https://highways.dot.gov/federal-lands/specs.

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19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

Amount

Malheur, Umatilla, & Wallowa-Whitman NFs Work Items

STEWARDSHIP ACTIVITIES MUST SUBMIT PRICING ON ALL LINE ITEMS

IN ORDER FOR A VENDOR TO BE CONSIDERED FOR AWARD. (See Attached Scenario in Appendix A)

Mechanical Commercial Thinning and Removal (Assume 40 mile 1-way haul) (8 – 21-inch dbh)

500 AC

2 Pre-Commercial Thinning – Mechanical 300 AC

3 Grapple Piling 200 AC

4 Mastication 200 AC

5 Road Maintenance per Appendix C 10 MI

Skyline Commercial Thinning and Removal (Assume 40 mile 1-way haul) (8 – 21-inch dbh)

500 AC

7 Pre-Commercial Thinning & Piling - Hand 300 AC

For the purposes of pricing line items 1 through 6 above, consider no commercial product value being traded.

HOWEVER, under BPA calls for stewardship activities, commercial timber product value will be used to off-set service costs.

(see Appendices B and C for more information)

Values of timber products removed to be applied at Fixed Rates

EX. SPECIES PRODUCT QUANTITY UNIT OF MEASURE BASE RATES

DF/WL Sawlogs By BPA call TON $15.00

ALL Biomass (Non-Saw) By BPA call TON $ 0.75

See Timber Removal Project Terms and Specifications in Appendix B. Different units of measure than TONS may be used in BPA calls. The government may direct the delivery of this material at which point no tradeoff of this product value will be used. The contractor will be required to pay current market rates.

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61. INSTRUCTIONS FOR SUBMISSION OF OFFERS AND OTHER INFORMATION

(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:

(1) Proposals shall be submitted in two parts - a technical proposal and a price proposal. Each part shall be separate and complete in itself so that evaluation of one may be accomplished independently of the other. The price proposal shall be submitted with the solicitation forms, no breakdown of the unit price is required. The technical proposal must not contain reference to cost.

(2) Offerors are cautioned that sufficient and detailed information must be presented in their technical proposals to enable the Government to evaluate their proposals fully in accordance with the evaluation and award criteria contained herein. The Government is not obligated to ask for additional information and in the absence of appropriate information, the proposal will be rated deficient.

(3) The Government will evaluate proposals in accordance with FAR Clause 52.212-2 “Evaluation – Commercial Items (JAN 1999)” evaluation criteria as set forth herein.

(4) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(i) 1 electronic copy of the completed, signed offer (pages 1, 3, 12, and 13 of this Bidders Package).

(ii) 1 electronic copy of the Technical Proposal/Documentation (Benefit to the Local Community and Past Performance information.

(iii) In addition to a successful firm’s response to the solicitation, responses to all Evaluation Factors excepting Relevant Past Performance will be incorporated into the resulting BPA by reference at time of award and retain the full force and effect as all of the other contractual terms and conditions hold therein.

(b) Relevant Past Performance – Offerors shall submit past performance information for their firm and any proposed major subcontractors performing more than 20% of the work. Performance information may be obtained from references provided or from personal knowledge of the evaluators and AQM personnel.

The offeror and their subcontractors performing at least 20% of the work shall provide information for EACH reference and for EACH Pay Item for which the offeror is submitting pricing in the solicitation’s SF 1449, Block 20 description that must have been completed during the past three years and all contracts and subcontracts in progress. The information should be completed primarily for contracts and subcontracts similar in nature and complexity to that required by this solicitation. Include contracts with the Federal Government, agencies of state, and local governments, and commercial customers. Offerors that are newly formed entities, without prior contracts as an entity, should provide contracts and subcontracts completed by all key personnel. Firms with no experience in the type of work described may show similar type projects which demonstrate their ability to perform in a timely manner, experience, and past performance of their employees, or their work as a subcontractor.

The offeror may provide information on problems encountered on the contracts and subcontracts listed and the corrective actions taken to resolve those problems. The Government may obtain information from existing contract files. Because discussions may not be held, the offeror may refute any problems in the original offer.

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. The Government may contact references beyond those identified by the offeror to obtain additional information for use in both the responsibility determination and in further evaluation of the offeror's past performance.

Note: If the contractor does not provide past performance information or indicate a lack of Past Performance with its offer, the Contracting Officer need not pursue further information if it is clear that the offeror’s price is not competitive.

The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142.

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(c) Benefit to the Local Community (used in evaluating Stewardship projects and Title II funding)

A Describe how and to what degree hiring or training of local residents as employees or as subcontractors would be accomplished in terms of retention, expansion, or creation of employment or training opportunities.

B. Describe how and to what degree materials, supplies, lodging, meals, or incidentals would be purchased within project areas.

C. Describe how any materials removed from Forest Service lands would be marketed and utilized in the project area. Include contributions to the development of biomass energy, integrated utilization, and/or value-added products for an existing market or emerging market. (If Applicable)

(d) Equipment Availability The Government will evaluate the offeror’s equipment availability, suitability, and capability to perform the activities listed in the solicitation’s schedule of items. Contract is required to submit a list of available equipment.

(e) Cost/Price: A firm’s completion and submission of Blocks 19 through 24 of the subject solicitation’s Standard Form

1449 (Page 3) constitutes the fulfillment of the Government’s price proposal requirements under this solicitation.

62. FAR 52.212-2 EVALUATION — COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The offeror’s proposal shall be in the format prescribed and shall contain a response to each of the areas identified, which affects the evaluation factors for award. The Government will determine best overall value on the basis of the factors described below.

1. General. Proposals will be evaluated on the basis that the following technical factors are in descending order of importance whereby each factor is more important than the next: Relevant Past Performance being moderately more important than Key Personnel/Equipment and Benefit to Local Community. When combined, these technical evaluation factors are approximately equal to cost or price.

2. Key Personnel. The Government will evaluate the key personnel subfactor by considering the experience of identified key personnel, including number of similar, successfully completed projects.

3. Equipment. The Government will evaluate the equipment subfactor by evaluating the suitability and adequacy of proposed equipment to be used on this contract.

4. Relevant Past Performance. Past performance is a measure of the degree to which an offeror, as an organization, has: (1) satisfied its customers, and (2) complied with federal, state, and local laws and regulations. The Government will inquire about the following elements, which are all of equal importance in relation to each other, (1) quality of the offeror’s work; (2) customer satisfaction; (3) timeliness of the Firm during performance and the final completion of the project; and (4) overall business relations.

(A) Quality of Services: Demonstrated ability to perform services identified in the solicitation’s SF 1449 techniques in accordance with contract specifications. Conformance to good standards of workmanship.

(B) Customer Satisfaction: Satisfaction of end users with the Contractor's completed products and services.

(C) Timeliness of performance: Compliance with delivery schedules; reliability; responsiveness to technical direction, no assessment of liquidated damages.

(D) Business relations: Effective management; ability to manage projects involving subcontracts; good working relationship with the Contracting Officer and technical representatives; reasonable/cooperative behavior;

flexibility; effective contractor recommended solutions; businesslike concern for Government's interests.

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Government evaluators may avail themselves of various federal, state, and local past performance databases. The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted performance information.

Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to both similar efforts, and the length, scope, number, complexity, and diversity of contracts completed by the firm. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort will be given additional weight in the evaluation process.

Offerors with past performance data will be evaluated in the same manner as all other evaluation factors; however, those offerors with no past performance data will treated as an unknown performance risk and neither be evaluated favorably nor unfavorably. Therefore, offerors will receive credit for good past performance, lose credit for poor past performance, and neither receive nor lose credit for no relevant past performance.

5. Benefit to the Local Community. The Government will evaluate the methods proposed by each contractor for benefiting the local community. The evaluation will include a determination as to how realistic and achievable the proposed methods are with added consideration for the impact and magnitude to which the local community will benefit from their operations.

6. Cost/Price Evaluation Criterion.

(A) The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based, or when the price is so significantly high as to diminish the value of the technical superiority to the Government.

(B) The Government may award an Agreement on the basis of initial offers received, without discussions.

Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint. However, if considered necessary by the Contracting Officer, discussions will be conducted with only those offerors determined to have a reasonable chance for award.

(C) The Government reserves the right to make an award to other than the lowest priced offeror or to the offeror with the highest non-price evaluation if the Contracting Officer determines that to do so would result in the greatest value to the Government.

(D) All “Service” pay-items that an offeror is interested in performing under a perspective Agreement must be priced with a commercial rate reflective of the Work Description in Appendix A herein to be considered for award. Items not priced shall indicate that (a) the work described is outside an offeror’s current business operations; (b) an offeror’s inability to provide the personnel or equipment, (c) develop the necessary business relationships to accomplish work under any subsequent Agreement and BPA calls, and/or

(d) a lack of intent to fully perform under any subsequent Agreement, should award be executed.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding Agreement without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The award or awards will incorporate written information provided by the offeror(s) and utilized by the Government as the basis for award selection.

63. SINGLE OR MULTIPLE AWARDS

The Government may elect to award a single Agreement or to award multiple Agreements for the same or similar supplies or services up to 25 (twenty-five) under this solicitation. The government reserves the right to award “Up to 4 (four) awards” for the Hand work and “Up to 3 (three) awards” for the line work.

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64. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION NOV 2021)

If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

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.

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 electronically on SAM.]

ADDENDUM TO FAR 52.212-3: OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

65. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

In accordance with the Migrant Seasonal and Agricultural Worker Protection Act (MSWPA) (29 USC 1801-1872) the offeror states that it:

Has applied for a MSWPA Registration Number

Has been issued MSWPA Registration Number

Has not applied for a number

Will not apply because it does not currently have employees and does not plan to hire employees.

An employer who anticipates hiring employees and who anticipates the possibility of bidding on a federal contract in the future should submit an application to obtain the Registration Number.

Applications for registration numbers should be made on Form WH-530 found at the U.S. Department of Labor (DOL) (http://www.dol.gov/whd/mspa/index.htm) website. Questions concerning application should be directed to DOL:

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If the applicant’s permanent place of residence is in Alaska, Arizona, American Samoa, California, Guam, Hawaii, Idaho, Nevada, Oregon, or Washington--

U.S. Department of Labor Wage Hour Division

National Certificate Team 90 Seventh Street Suite 13-100

San Francisco, CA 94103

(415) 625-7687

If the applicant’s permanent place of residence is anywhere else in the country--

U.S. Department of Labor Wage Hour Division

National Certificate Team P.O. Drawer 56447 Atlanta, GA 30343

(404) 893-6030 Completed applications should be mailed to the appropriate DOL office listed above.

A valid U.S. Department of Labor Registration Number must be supplied to the Contracting Officer prior to issuance of a Notice to Proceed with the work. Failure to provide such number within 30 days of award is grounds for termination of your contract.

Note: Applicable only to firms applying for Line Item 07 in schedule of items or subcontractors performing the required work.

66. STATE AND FEDERAL LICENSING REQUIREMENTS

The following requirements apply to all labor-intensive type work, such as manual cutting and piling. If the labor-intensive work is performed by a subcontractor, then the subcontractor must provide evidence that it meets the licensing requirements.

STATE

In accordance with the responsibility for obtaining necessary licenses and permits (reference Permit and Responsibilities), Contractors shall supply their State of Oregon Farm/Forest Labor Contractor's License Number(s) in the space below. Each partner in a partnership must be licensed.

Valid State of Oregon Farm/Forest Labor Contractor's License Number(s)

Contractors not currently having a license, who are required by Oregon law to be licensed, will be requested to furnish proof of having obtained a license (for each partnership) prior to issuance of the Notice to Proceed. Failure to provide proof of license prior to Notice to Proceed will result in termination of the Contractor's right to proceed for default for failure to comply with applicable State law. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of Oregon. Information on obtaining this license may be obtained from:

License Unit – Wage and Hour Division Bureau of Labor and Industries 3865 Wolverine St. NE, Bldg. E-1 Salem, OR 97305 Telephone (503) 373-1463

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If you are exempt from the Oregon Farm/Forest Labor Contractor's License you MUST fill in below and sign.

EXEMPTIONS FROM LICENSE

I am exempt from the Oregon Farm/Forest Labor Contractor's License for the following reason(s):

Signature of Contractor Date

Note: Applicable only to firms applying for Line Item 07 in schedule of items or subcontractors performing the required work.

67. AGAR 452.209 – 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION ( DEVIATION 2012-01) (FEB 2012) Alternate 1

(a.) Awards made under this solicitation are subject to the provisions contained sections 433 and 434 in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

68. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of

Bidders Package Page 10 of 13 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

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(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

69. AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ___all____

NAICS Code: 13310 Logging, 115310_Support Activities for Forestry

Size Standard: 500 employees for Logging, $8 Million for Support Activities for Forestry, $20.5 Million for Fuel Management and Fire Suppression activities (Average annual receipts for the preceding three fiscal years)

NAICS code 115310 – Support Activities for Forestry – Forest Fire Suppression and Fuels Management Services are two components of Support Activities for Forestry. Forest Fire Suppression includes establishments which provide services to fight forest fires. These firms usually have fire-fighting crews and equipment. Fuels Management Services firms provide services to clear land of hazardous materials that would fuel forest fires. The treatments used by these firms may include prescribed fire, mechanical removal, establishing fuel breaks, thinning, pruning, and piling.

Bidders Package Page 12 of 13

70. GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES

The offeror/quoter represents and certifies that—

a) It [ ] is, [ ] is not a current Federal government employee.

b) It [ ] is, [ ] is not a former USDA employee.

c) It [ ] is, [ ] is not a retired USDA employee. If retired, give date of retirement: _______________.

d) It [ ] is, [ ] is not related by blood or marriage to a current Forest Service employee on the

____________________ National Forest. If so, list employee’s name and location: __________________________.

e) It [ ] is, [ ] is not substantially owned or controlled by a former USDA employee or retiree.

71. TAXPAYER IDENTIFICATION

Quoter shall insert their Taxpayer Identification Number _________________________________

72. SYSTEM FOR AWARD MANAGEMENT (SAM)

Are you registered in SAM and is your registration current?

[ ] Yes [ ] No

73. SAM UNIQUE ENTITY IDENTIFIER

Quoter shall insert their SAM Entity Registration ID number: ______________________________

END OF ADDENDUM TO FAR 52.212-3

SUBMITTALS with your quote package

Fill out and return pages 1, 3, 12, and 13 of this Bidders Package (if you have filled out info in www.SAM.gov, only fill out paragraph b1 and b2 on Page 12 in FAR 52.212-3 Offeror’s Representations and Certifications.

Pages 4-7 asks for the vendor to submit information to the Government. Please read and respond accordingly and appropriately to all the requests for documentation.

Bidders Package Page 13 of 13

TECHNICAL EVALUATION QUESTIONNAIRE

CONTRACTOR’S PAST PERFORMANCE HISTORY

Provide a listing of your projects for the past three-year period which most closely relate to this type of work. Include the dates of performance, the agency or company name, contact person’s name and phone number, the dollar value of the contract, the contract number, and the type of work performed. These firms may be contacted for references.

If you have failed to complete any project in the last (3) three-year period, provide any information regarding the cause or remedy of that particular situation.

Note: Other forms and/or formats may be used which provide the required information.

Agency/Company Contact Name Phone No.

Email Address Dates of performance Contract Number Dollar Value Type of work performed

Email Address Dates of performance Contract Number

Email Address Dates of performance Contract Number

Email Address Dates of performance Contract Number