AG-435H-S-13-0024 RFQ package.pdf

REQUEST FOR QUOTATION

PAGE OF

PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

AG-435H-S-13-0024 7/30/2013

5a. ISSUED BY 6. DELIVER BY (Date)

USDA Forest Service Chattahoochee-Oconee National Forest 1755 Cleveland Highway, Gainesville GA 30501

5b. FOR INFORMATION CALL (NO COLLECT CALLS) DESTINATION:

Chattooga River Ranger District

NAME TELEPHONE NUMBER

Administrative: ------- Marcia O’Connor

Technical: ------- Deborah Byrd

770-297-3055 moconnor@fs.fed.us 770-297-2926 dbyrd@fs.fed.us

10. Please furnish quotations to the issuing office in block 5A on or before close of business:

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

August 28, 2013

Fax quotes accceptable 770-297-3011 Or email to moconnor@fs.fed.us

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

Pinnacle Trail Re-route

Enter prices on schedule of Items

Return:

This SF-18 form, Schedule of Items, Proposal Information explained on page 5, Representations, pages 15 through 17

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ X ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. Signature of person authorized to sign quotation 15. DATE OF

a. NAME OF QUOTER QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

d. CITY e. STATE f. ZIP CODE

AREA CODE

E-Mail DUNS No. c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a) mailto:moconnor@fs.fed.us mailto:dbyrd@fs.fed.us mailto:moconnor@fs.fed.us

Request for Quotations

AG-435H-S-13-0024

Pinnacle Trail Re-route: Construction and Closure

SCHEDULE OF ITEMS

GENERAL INFORMATION

Site Showing

Contractor Registration in SAM

Bid Guarantee / Payment Protection

List of Attachments

Evaluation Factors for Award

Proposal Submittal

Description/Specifications/Statement of Work

Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

Contract Clauses

52.228-13 Alternative Payment Protections. (JUL 2000)

452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate

Applicants

Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (JUL 2013)

452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax

Instructions, Conditions, and Notices to Offerors or Respondents

52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482 http://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482

Solicitation AG-435H-S-13-0024

SCHEDULE OF ITEMS

Pinnacle Trail Re-Route: Construction and Closure

Offeror: ____________________________________________________________

Item

Number

Item

Description Unit

Estimated

Quantity Unit Cost Total Cost

LP Trail Layout/Planning EACH 4,066 $ $

SRV Survey FT 4,066 $ $

SP Site Plans EACH 1 $ $

PM Permits LS 1 $ $

OB Obliteration /

Closure

SF 4,000 $ $

CST Construction FT 4,066 $ $

SM Seeding, Mulching and

Erosion Control

EACH 1 $ $

TOTAL TOTAL

GENERAL INFORMATION

Site Showing A contractor’s meeting and site showing is planned for August 15, 2013. Meet at 9:30 a.m. the Chattooga

River District Office, 9975 Hwy 441 S, Lakemont, GA 30552. After the office meeting there will be an opportunity to go to the project site. For further information contact Bill Elliott at 706-754-6221 x138.

Contractor Registration in SAM All offerors shall be registered in www.SAM.gov.

Bid Guarantee / Payment Protection No bid guarantee is required. The successful contractor must provide payment protection as described in clause 52.228-13 Alternative Payment Protections, page 14.

List of Attachments

Attachment Title Number of Pages

Design Standard for Hiking/Pedestrian Trails 2

Topo Map 1

Wage Determination No. GA130002, rev 01/04/2013 4

Evaluation Factors for Award

Proposals will be evaluated on the following criteria:

Proposed Method of Work

Experience

Past Performance

Price

Proposals will be evaluated in accordance with FAR Part 13 for acquisitions less than the simplified acquisition threshold.

Evaluation factors other than price, when combined, are approximately equal to price in the award decision.

The critical factor in making any cost/technical trade-off is not the spread between the technical scores but, rather, the significance of the difference. The significance of the spread of scores will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest and advantageous to the Government.

http://www.sam.gov/

Proposal Submittal

The offeror shall submit at least the following information as it pertains to each evaluation factor:

1. Proposed Method of Work: progress proposal and explanation of how work is to be completed

a) Timeline

b) Explain how each step will be completed

2. Experience

The information provided will be used to assess the offeror’s or subcontractor’s relevant experience in --

(a) Trail layout and planning

(b) Surveying and site plan preparation

(c) Obtaining environmental permits

(d) Construction of non-motorized trails in forest areas

The information should emphasize projects with trails of a similar nature to the Pinnacle Trail re-route.

a) Current/Previous Work: Include a list of all contracts similar in size and scope completed or begun during the past three years.

1) Brief description of contract effort, showing relevance to this project.

2) Total contract value

3) Client’s name, address, telephone number, and point of contact

4) Period of performance and indication as to whether the contracts were completed within the required performance time

b) Organization

1) Company history, expertise, number of employees

2) Key personnel to be assigned to this contract: name and synopsis of relevant experience

3) Contractor-owned equipment to be used for this contract

4) Tasks to be subcontracted for this contract (list subcontractors and expertise)

3. Past Performance

a) List of similar contracts completed within the past five years

b) References (Minimum 3) Contact Name, Address, Telephone Number

Description/Specifications/Statement of Work Pinnacle Trail Re-route

Scope of Contract

Pinnacle Trail provides a 0.75-mile hike up Pinnacle Mountain and ends at an overlook on top of the mountain. The existing trail was user created and over the years has become highly eroded. This project will reroute the existing trail to a better more sustainable location.

The project includes a survey, final location flagging, construction drawings, erosion control drawings, and land disturbance permit including other permits as needed. It also includes constructing approximately

4066-feet of hiking trail that is low maintenance, sustainable, and that meets the needs of the user at a reasonable price. Work includes obliteration of approximately 0.75-miles the existing trail.

The trail proposed centerline has been mapped and flagged on the ground. The Contractor will use this proposed flag line as the basis for new trail alignment. The Contractor is to work within the specified corridor to layout and construct the new route.

Pinnacle Trail is to be managed as “Class 3 Hiking Trail” as found in the FSH 2309.18, Section 23.12, Exhibit 01 (attached to this solicitation). There are specific design and construction criteria required to meet this management goal. The contractor will be required to produce a site plan based upon a survey of the proposed layout. (See Step 2, Project Progression).

Project Location

Pinnacle Trail is located northeast of Clayton, Georgia. From Clayton travel 0.80-miles north on Highway

441 to Pinnacle Road. Turn right onto Pinnacle Road and go 1.1 miles to Courthouse Gap Road. Turn left onto Courthouse Gap Road and go 0.20-miles to a 2 car pull off on the left. Walk 60 yards up the road to the beginning of Courthouse Gap Trail. Proceed on Courthouse Gap Trail to the Bartram Trail juncture. The

Pinnacle Re-Route will begin approximately 125-feet south.

Project Progression

The contractor must follow the steps established for this project in order to ensure timely Forest Service participation at key junctures in the life of the project.

Step 1 Survey and final flagging

The project will require survey and final location flagging of approximately 4,066-feet of hiking trail. This trail has been mapped (attached to this request) and the centerline has been flagged on the ground. The location of this centerline has been approved though the NEPA process and is designed to keep the trail consistent with current management direction. The contractor is required to finalize the layout of the trail to be within 40-feet of the flagged centerline. In addition to these requirements, the contractor is required to construct trails with a maximum tread width of 24 inches. The contractor will provide a GPS database of the final flag line including the descriptions and locations each feature.

Trail design may be conducted concurrently with the trail survey and flagging or immediately after. This activity will emphasize the design and location of structures needed for control of overland water flow across the trail to minimize erosion and sediment. This can include, but is not limited to, structures such as drainage dips, climbing turns, etc.

Submittal and approval of trail location and flag line is required by the Forest Service after work has been completed at 50 percent (2033-feet), 75 percent (3049-feet), and 100 percent (4066-feet) of new trail are completed. Upon final approval of the flag line by the Forest Service, the contractor will submit a final list of stations, work lists, and cross reference the appropriate drawings and specifications from Standard

Specifications for Construction and Maintenance of Trails, EM7720-1-3 September 1996. (Drawings can be found at this website: http://www.fs.fed.us/.ftproot/pub/acad/dev/trails/trails.htm) for incorporation into the construction drawings.

In the event that the contractor determines that the preliminary centerline is not suitable for trail layout because of sustainability or safety issues, the contractor will contact the Forest Service with a proposed re-location. The Forest Service retains final approval of the relocation.

The product of the survey and final flagging will be a precisely marked (with flagging or similar method) trail on the ground that has the location of features identified with survey “white cards” or wooden stakes. The final construction drawings must clearly show the location of each proposed trail and classify the feature by type and size.

Step 2 Construction Drawings

Once surveying and final flagging is completed then the construction drawings are to be produced. The contractor will be responsible to produce the erosion control plan for the project. Forest Service will review the drawing set and specifications at 50%, 75%, and 98% completion. We will accept the package on approval at 100 % completion provided they comply with the Trail Class requirements, the Forest Service

Specifications, and appear to meet the requirements of the EPD checklist.

The product of this step will be a site plan that can be used to acquire necessary permits.

Step 3 Acquiring Permits

The contractor shall be responsible for acquiring the required permits to complete this project. Permitting requirements for this project will include a Land Disturbance Permit under the administration and jurisdiction of Rabun County and three other permits. (See pg 4)

In order to secure this permit the contractor will prepare and submit their project plan, including an Erosion and Sediment (E & S) Control Plan to the County and Georgia EPD as required. The E&S Plan must be approved by the Forest Service prior to the start of construction.

The Georgia Manual for Erosion and Sediment Control (2000) can be found at:

http://www.gaswcc.org/docs/green_book_5ed.pdf

The time frames involved in submitting applications, plans and supporting documents for review and approval by the administering agency varies by project, but it is estimated to take 90 days. No work shall begin until the required permits are obtained and copies are provided to the Forest Service.

Step 4 Trail Construction and Methods

Construction work will be done in accordance with the detailed schedule of items, plans, specifications, and progress schedule developed by the contractor and approved by the Forest Service. Completed work on the new trail construction will be inspected by the Forest Service.

All tools proposed to be used for performance of the work shall be of the size, type, and in such condition to http://www.fs.fed.us/.ftproot/pub/acad/dev/trails/trails.htm http://www.gaswcc.org/docs/green_book_5ed.pdf properly pursue the requirements of this contract. Construction methods used to complete this contract should be consistent with methods used for hiking trail construction.

Step 5 Trail Obliteration

The project also requires the obliteration of approximately 0.75-miles of existing trails. The location of these trails has been mapped. Obliteration will include using earthen berms, boulders, trees or other materials along the trail that can be used to block and/or “naturalize the trail. Obliteration of this section will include stabilizing soils and addressing overland water flow so that erosion and sedimentation are minimized.

Details on how this will be accomplished shall be made a part of the construction and erosion control drawings.

Trail Obliteration will be done in accordance with the detailed schedule of items, plans, specifications. And progress schedule developed by the contractor and approved by the Forest service. Completed work on trail

Obliteration will be inspected by the Forest Service after 396-feet, 2970-feet and 3960-feet of obliterated trail is completed.

Proposed Project Progression

Step Product

1) Survey and Final Flagging 1) Precise location of trail marked on ground with flagging or similar system

2) Trail features and structures marked on the ground

3) GPS map showing trail location and features

2) Construction Drawings 1) Site plans that are of detail and quality so that they can be used to acquire needed permits.

3) Acquiring Permits 1) Contractor acquires necessary permits to proceed with trail construction and closures.

4) Trail Construction 1) Trail construction is completed and result is a trail built with a high degree of finish to the specifications that were agreed upon.

5) Trail Obliteration 1) All trail Obliterations are completed and the result is closed, obliterated, and rehabilitated trails to the specifications that were agreed upon.

Additional General Information

The contractor’s proposed tools shall be made available to the Contracting Officer for inspection prior to award of the contract if requested by the Contracting Officer. If at any time during the course of the contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement at contractor’s expense.

Pinnacle Trail Contract Permit Requirements

Permit/Requirement Issued By Contact Information

Land Disturbance Permit, including erosion and sediment control plan for the project

Local Issuing Authority (County)

Rabun County Planning Department

Stream Buffer Variance Georgia Environmental Protection Division

Georgia Environmental Protection Division http://www.gaepd.org/index.html http://www.gaepd.org/Documents/esc_manual.html See attached document (Stream Buffer Mitigation Guidance) Ms. Jan Sammons, EPD-Atlanta, phone 404-675-1623

National Pollution Discharge Elimination System (NPDES or Stormwater Permit)

Local Issuing Authority and Georgia EPD

Initial contact –Rabun County Planning Department Georgia Environmental Protection Division http://www.gaepd.org/index.html http://www.gaepd.org/Documents/esc_manual.html See attached document (Stream Buffer Mitigation Guidance)

Clean Water Act Section 404 Permit

U.S. Army Corps of Engineers

US Army Corps of Engineers, Savannah District, Regulatory Division, Piedmont Branch, 1590 Adamson Parkway,Suite 200, Morrow, Georgia 20360; phone 678-422-2720, ext. 2721 http://www.gaepd.org/index.html http://www.gaepd.org/index.html

Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The

Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the

Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after the effective date of the Notice to Proceed.

The time stated for completion shall include final cleanup of the premises.

Additional time allowance may be made if the regulating agencies are delayed in issuing their permits.

52.242-14 Suspension of Work. (APR 1984)

Contract Clauses

52.204-7 System for Award Management. (JUL 2013)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (JUN 2010)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (JUL 2005)

52.222-12 Contract Termination - Debarment. (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (FEB 1988)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers With Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections: Surety Bond, or

Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 20 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-27 Prompt Payment For Construction Contracts. (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (JUL - 2013)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR

1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

52.246-21 Warranty of Construction. (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

452.236-77 Emergency Response. (NOV 1996)

452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate

Applicants

(a) This award is subject to the provisions contained in sections 433 and 434 of 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. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to 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, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (JUL 2013)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $31.0

(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead 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 SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. [Not applicable to this solicitation]

(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 provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). [Not applicable to this solicitation]

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

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(xiii) 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.

(xiv) 52.223-1, Biobased Product Certification. [Not applicable to this solicitation]

(xv) 52.223-4, Recovered Material Certification. [Not applicable to this solicitation]

(xvi) 52.225-2, Buy American Act Certificate. [Not applicable to this solicitation]

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. [Not applicable to this solicitation]

(xviii) 52.225-6, Trade Agreements Certificate. [Not applicable to this solicitation]

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. [Not applicable to this solicitation]

(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) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 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 SAM website accessed through https://www.acquisition.gov. After reviewing the SAM 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 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 SAM.

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52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax

(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 [name:________________________________________] 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.

Instructions, Conditions, and Notices to Offerors or Respondents

52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material,"

"domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials"

(Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR

52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the

Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form

1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested -

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)