S-11-0053 CharterSupport Return to Forest Service.pdf

REQUEST FOR PROPOSALS

Solicitation No: AG-0116-S-11-0053

PROJECT NAME: Short Term Living Accommodations For Tongass National Forest Field Crews

ISSUING OFFICE:

US Forest Service 204 Siginaka Way

SITKA, AK 99835

Phone (907) 747-4273 – Fax (907) 747-4289

Proposal Due Date:

05/09/2011

3:00 pm Alaska Standard Time

QUICK INDEX

Section Item Description A SF 33, Solicitation, Offer and

Award

B Schedule of Items

C Description and Specifications

D Packaging and Marking

E Inspection and Acceptance

F Deliveries and Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

J List of Attachments

K Representation/Certifications

L Instructions to Offerors

M Evaluation Factors

PROPOSAL REMINDERS

Submit printed copy of proposal to the address listed on the enclosed SF 33.

Before submitting your proposal, please review the following:

• Have you rechecked your offer’s figures?

• Have you completed the Schedule of Items?

• Have you completed and signed the SF 33, Solicitation, Offer & Award?

• Have you acknowledged all amendments?

• Have you completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov (Section K)?

• Have you submitted the Experience

Questionnaire or resume with similar information and other submittal information to address ALL the Evaluation Factors listed in Section M?

• Have you registered in the Central

Contractor Registration database? (Section I)

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 76 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-0116-S-11-0053

Small Bus Set-Aside

SEALED BID (IFB)

April 8, 2011

NUMBER

NEGOTIATED (RFP) 503954

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) Tongass National Forest Sitka Supervisor Office 204 Siginaka Way, Sitka, AK 99835, FAX (907)747-4289, Email ksteffey@fs.fed.us

Same as item 7 Responses to this solicitation can be mailed, hand carried, faxed or emailed

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Sitka Supervisor Office until 3 PM local time May 9, 2011 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION A. NAME B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension C. E-MAIL ADDRESS

CALL: Kay Steffey (907) 747-4273 ksteffey@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 15-19

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5-8 X J LIST OF ATTACHMENTS 20-26

X D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E

INSPECTION AND ACCEPTANCE 9

X

K REPRESENTATIONS, CERTIFICATIONS AND 27-34

X F DELIVERIES OR PERFORMANCE 9 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 10-13 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 35-39

X H SPECIAL CONTRACT REQUIREMENTS 14 X M EVALUATION FACTORS FOR AWARD 40-43

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A.

NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

15C. CHECK IF REMITTANCE ADDRESS

17. SIGNATURE

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified) 25

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

U.S. Forest Service Tongass National Forest Attn: Kay Steffey 204 Siginaka Way, Sitka, AK 99835

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 2 of 43

PART I—THE SCHEDULE

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

Short-Term Living Accommodations for Tongass National Forest Field Crews for the 2011 Field Season that ends on November 30, 2011 This is a Small Business Set-Aside

ITEM

NO.

DESCRIPTION – Juneau AOR

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

1.1 Basic Daily Rate to have boat available in

the Juneau Area

Day 1

1.2 Per hour underway (fuel)

Can be billed in quarter hourly increments HR 1

1.3 Per hour standby to operate genset

16 hour minimum workday HR 1

1.4 Per hour standby to operate genset past the

minimum HR 1

1.5 Basic Daily Rate for Crew to operate the boat and

provide galley service DAY 1

1.6 Groceries, three meals (2 hot and 1 sack lunch)

Person 1

DESCRIPTION – Ketchikan AOR

2.1 Basic Daily Rate to have boat available in

the Ketchikan Area

2.2 Per hour underway (fuel)

Can be billed in quarter hourly increments HR 1

2.3 Per hour standby to operate genset

16 hour minimum workday HR 1

2.4 Per hour standby to operate genset past the

minimum HR 1

2.5 Basic Daily Rate for Crew to operate the boat and

provide galley service DAY 1

2.6 Groceries, three meals (2 hot and 1 sack lunch)

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 3 of 43

DESCRIPTION – Petersburg AOR

3.1 Basic Daily Rate to have boat available in

the Petersburg Area

3.2 Per hour underway (fuel)

Can be billed in quarter hourly increments HR 1

3.3 Per hour standby to operate genset

16 hour minimum workday HR 1

3.4 Per hour standby to operate genset past the

minimum HR 1

3.5 Basic Daily Rate for Crew to operate the boat and

provide galley service DAY 1

3.6 Groceries, three meals (2 hot and 1 sack lunch)

DESCRIPTION – Sitka AOR

4.1 Basic Daily Rate to have boat available in

the Sitka Area

4.2 Per hour underway (fuel)

Can be billed in quarter hourly increments HR 1

4.3 Per hour standby to operate genset

16 hour minimum workday HR 1

4.4 Per hour standby to operate genset past the

minimum HR 1

4.5 Basic Daily Rate for Crew to operate the boat and

provide galley service DAY 1

4.6 Groceries, three meals (2 hot and 1 sack lunch)

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 4 of 43

Additional Vendor Information

Contact Name:

Phone No:

TIN No.:

DUNS No:

Email:

Electronic Funds Transfer Banking Information Bank

Last Four Numbers of Account

Prospective contractors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.

B.1 NUMBER OF AWARDS

The Government contemplates awarding multiple contracts as a result of this solicitation.

B.2 Prices quoted above to be maximum costs that successful awardees of any IDIQ contracts will charge in response to Task Announcements.

B.3 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of 1,000.00, but not in excess of 50,000.00.

B.4 BASIS OF AWARD

Award will be based on evaluation in accordance with the factors and sub factors described in Section M. Offeror may submit pricing for any or all of the Area of Operations listed in the Schedule of Items. Attention is directed to Provision L.6, Instructions for the Preparation of Technical and Business Proposals.

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 27 of 43

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752 Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com Reporting Verification: Verify@vets100.com

K.1 AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

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 483212 --Size Standard 500

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.

K.2 FAR 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (Sep 2010) FAR 52.223-1 Biobased Product Certification (DEC 2007)

K.3 52.204-8 Annual Representations and Certifications (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 483212.

(2) The small business size standard is 500.

(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.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 28 of 43 of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137583 https://www.acquisition.gov/far/current/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137684 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137777 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137824 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1144909 https://www.acquisition.gov/far/current/html/52_214.html#wp1129381 https://www.acquisition.gov/far/current/html/52_215.html#wp1144523 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135900 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135943 https://www.acquisition.gov/far/current/html/52_222.html#wp1147663 https://www.acquisition.gov/far/current/html/52_222.html#wp1147711 https://www.acquisition.gov/far/current/html/52_222.html#wp1147704 https://www.acquisition.gov/far/current/html/52_222.html#wp1147711 https://www.acquisition.gov/far/current/html/52_222.html#wp1148142 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168785 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168786

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 29 of 43

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate

I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate

II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain

Services–Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–

Designated Products (Alternate I only).

__ (vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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

Representations and Certifications Application (ORCA) website at http://orca.bpn.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 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168826 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169013 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168995 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169071 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169193 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169151 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1181379 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1188714 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169667 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1143559 https://www.acquisition.gov/far/current/html/52_222.html#wp1147605 https://www.acquisition.gov/far/current/html/52_222.html#wp1152427 https://www.acquisition.gov/far/current/html/52_222.html#wp1155404 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168892 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168933 https://www.acquisition.gov/far/current/html/52_227.html#wp1139116 https://www.acquisition.gov/far/current/html/52_227.html#wp1145584 http://orca.bpn.gov/

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 30 of 43 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)

K.4 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) (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 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);

(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;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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.

https://www.acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1144964

AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 31 of 43

(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 o has not o, 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.

(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 nonresponsible.

(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.

(End of provision)

K.5 52.219-1 Small Business Program Representations (Jan 2011) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $7,000,000.

(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) Representations.

(1) The offeror represents as part of its offer that it is, is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, AG-0116-S-11-0053 Short Term Living Accommodations for TNF Field Crews Page 32 of 43 and the representation in paragraph (b)(6)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision— “Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

K.6 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that—

(a) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It has, has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

K.7 52.222-25 Affirmative Action Compliance (Apr 1984)

The offeror represents that—

(a) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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2); or

(b) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

K.8 52.223-13 Certification of Toxic Chemical Release Reporting (Aug 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that—

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.]

[ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

[ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

[ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

[ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

[ ] (v) The facility is not located in the United States or its outlying areas.

K.9 Alaska Native or Indian-Owned Business (APRIL 2002)

(a) General. This provision is used to assess the level of procurement opportunities made available to Alaska Native or Indian-Owned Businesses in Region 10 of the USDA, Forest Service. Status as an Alaska Native or Indian-Owned Business is collected for general statistical purposes.

(b) Definitions. As used in this provision—

(1) "Indian" means a person who is a member of an Indian tribe.

(2) "Indian organization" means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C., chapter 17.

(3) "Indian-owned economic enterprise" means any Indian-owned (as determined by the Secretary of the

Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise.

(4) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."

(5) “ANCSA Corporation” means any Alaska Native village, urban, or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act.

(c) Representation. The Offeror represents itself, as part of this offer, that it is an:

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(1) ___ Indian or Alaska Native

(2) ___ Indian or Alaska Native Organization

(3) ___ Indian-Owned or Alaska Native-Owned Economic Enterprise

(4) ___ Indian or Alaska Native Tribe

(5) ___ ANCSA Corporation

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SECTION L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1 FAR 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.215-1 Instructions to Offerors--Competitive Acquisition (JAN 2004) 52.216-27 Single or Multiple Awards (OCT 1995) 52.237-1 Site Visit (APR 1984)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

L.2 FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

L.3 FAR 52.215-5 Facsimile Proposals (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: (907) 747-4289

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal.

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

L.4 FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Tongass National Forest Kay Steffey 204 Siginaka Way Sitka, AK 99835

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.5 Worker’s Compensation Laws Alaska state law requires that most employers have worker’s compensation insurance for their employees. The Forest Service furnishes contract award information to the Alaska Department of Labor. Failure to comply with the state worker’s compensation laws can be a felony offense in Alaska. For the definitions of “employer”, “employee”, and “subcontractor”, rates of compensation, and other information contact:

Alaska Department of Labor Worker’s Compensation Division PO Box 25512 Juneau, AK 99802-5512 Telephone: (907) 465-2790 (no collect calls); (907) 465-2797 (fax)

L.6 452.215-71INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS

PROPOSALS (SEP 1999)

(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) The proposal must include a technical proposal and business proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provided, that an offeror also submit a proposal for performance of the work as specified in the statement of work. Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.

(3) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

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

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(a) 1 copy of the completed, signed offer (Completed SF-33 Solicitation, Offer And Award form, signed and dated by offeror.)

(b) 1 Schedule of Items (Section B) with vendor information box filled out and signed Response to any amendments that were issued.

(c) 1 copy of the technical proposal

(d) Information required from Section K Representations and Certifications (CCR and ORCA requirements) and copy of K.9 Alaska Native or Indian-Owned Business (April 2002).

(e) 1 copy – Experience and Capability Questionnaire (Section M.4) OR clearly written resume with the same information and identified with vendor name and signature. The Experience and Capability Questionnaire can be used as the format to answer some of the Past Performance requirement.

(b) Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government.

Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

(c) 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 Government intends to evaluate proposals and issue a contract without discussions, but reserves the right to conduct discussions and receive revised proposals if later determined necessary. The following factors shall be used to evaluate offers all factors listed below are more important than price:

FACTOR: Technical SUBFACTOR A: Vessel characteristics and accommodations

(1) Vessel Characteristics

(2) Vessel Configuration

(3) Vessel Capabilities

Subfactor:

The Government will use the following fuel consumption data to arrive at an estimated average cost of fuel for a ten (10) day charter period. The estimated average cost will be used for evaluation purposes.

Offerors shall submit the estimated fuel usage for each vessel to be considered in accordance with the conditions stated below. In addition, offerors shall submit with their offer documentary evidence, in the form of manufacturers' specifications, data sheets or other evidence acceptable to the Contracting Officer, verifying the accuracy of the estimate for gallons per day consumed by the offeror's proposed vessel under the conditions stated.

Fuel usage is to be calculated using the following formula:

1) Number of gallons that a vessel is expected to consume over a 24 hour period under the following conditions:

a) Cruising at 9 knots for 4 hours;

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b) Anchored drifting with generators running for 8 hours = Estimated Daily Fuel Consumption: _________ gallons

2) Estimated Daily Fuel Consumption x $3.00 per gallon = $___________ (Estimated Cost of Fuel per Day)

3) Estimated Cost of Fuel per Day x 7 charter days = $___________* (Estimated)

Acceptability of boat to be determined by the following submittals:

Pictures of boat & berthing area Description of any attributes beyond minimums cited in SOW that make boat more advantageous (not to exceed 2 pages)

SUBFACTOR B: Licenses and Inspections more favorable consideration may be given for:

1) 100 Ton Licensed Captain meets all applicable USCG regulations for equipment and licensing.

2) Proof of Insurance in the event of loss and liability

3) Provide documented proof of vessel survey within the last five (5) years

4) Copy of USCG inspection document if available

5) Copy of Health Certificate for the galley

SUBFACTOR C: Demonstration of the expertise and experience, of the designated captain and crew per Statement of Work more favorable consideration may be given for:

A crewmember with certified first aid or EMT (emergency medical technician) training, and Crew Plan -Consists of estimated #…