AG-4660-S-10-0014.pdf

Site Prep Tractor/Masticator/Mulcher SOL NO.AG-4660-S-10-0014

Continuation of SF1449

Block 18: Remittance address; USDA Forest Service, Savannah River

P. O. Box 700

New Ellenton, SC 29809

Block 19, 20, 21, 22, 23, and 24

SCHEDULE OF ITEMS

The Contractor shall furnish labor, supervision, equipment, transportation, operating supplies, and incidentals to supply and a Site prep tractor/masticator/mulcher in accordance with the Solicitation Provisions, Contract

Clauses, Technical Specifications, Exhibits, and attachments:

ITEM

No.

SUPPLIES/SERVICES QTY UNIT UNIT PRICE TOTAL

BASE ITEMS 1-3

1 Site Prep Tractor as per specifications, Attachment 1

1 EA $____________ $_______________

2 Masticator/ Mulcher Head as per specifications, Attachment 1

1 EA $_____________ $_______________

SUBTOTAL Items 1-2 $_______________

LESS TRADE-IN

3 Delta DT-530 mulcher/masticator (2006) with

FAE Head with a complete set of carbide teeth. Additional information as shown in

Attachment 1.

1 Lot $_____________ $_______________

BASE ITEMS--SUBTOTAL(Items 1-3)

ADDITIVE ITEMS (LISTED IN ORDER OF PRIORITY)

4 Carbide Teeth (In addition to set provided on the mulcher/masticator

1 SET $_____________ $_______________

5 Winch (to include installation) 1 EA $_____________ $_______________

FOB DESTINATION:

USDA Forest Service –Savannah River

1 mile inside Aiken barricade

SRS, Bldg 760-15 G

Aiken SC 29802

GRAND TOTAL (ITEMS 1-5) $_______________

Required Delivery: 1 Sep 2010

NEAREST AUTHORIZED MANUFACTURER SERVICE CENTER LOCATION:

Company Name and Address: ____________________________________

Telephone number _____________________________________

DUNS #________________________ Tax payer ID#________________________________

DESCRIPTIVE LITERATURE: Offerors must submit descriptive literature to show products offered meet contract specifications. Equipment warranty information must also be furnished. Descriptive literature will be retained by the Forest Service and not returned to the offeror.

EQUIPMENT PAST PERFORMANCE: Three independent past performance references for the equipment

(name and telephone number) from other than the equipment manufacturer regarding the ,performance of the equipment to be furnished under this contract on how the equipment operates in normal and extreme temperatures (hot and cold), the frequency of maintenance/repairs and responsiveness to warranty calls.

OFFEROR’S PAST PERFORMANCE: Offerors shall provide at least 3 past performance references.

References will be asked about the timeliness of delivery and compliance with contract requirement . (Contract number, POC and telephone number, product(s) furnished, contract value).

BUY AMERICAN ACT: If the end product(s) is other than domestic end products(s) as defined in the clause entitled ―Buy American Act—Supplies,‖ the offeror shall so state and shall list the country of origin in the representation and certifications(FAR 52.212-3) or in ORCA.

NOT ALL CONTRACT LINE ITEMS WILL NECESSARILY BE AWARDED DUE TO LIMITED FUNDING

AVAILABILITY.

*NOTE THIS IS A RESTRICTED ACCESS DOE SITE

These sections and pages are to be returned as RFQ documents:

-SF 1449 (page 1)

Schedule of Items (page 3)

FAR 52.212-3, Representatives and Certifications (pages 9-16)

Three Offeror’s References (Contract number, POC and telephone number, products furnished contract value).

Three Manufacturer’s Equipment References

Descriptive and Warranty Literature for products offered.

Nearest Manufacturer’s Authorized Service Center

Offer may be faxed or mailed, if mailed write or type on outside of envelope in which the offer is submitted:

ATTENTION: Margie Yeaton AG-4660-S-10-0014 so the mailroom personnel will recognize document as an offer for this solicitation.

-Mailing Address:

USDA Forest Service—Savannah River

P. O. Box 700

New Ellenton, SC 29809-0700

-PHYSICAL ADDRESS: FOR UPS AND FEDEX DELIVERY

USDA Forest Service

1 mile inside Aiken Barricade, SRS

Bldg 760-15G

Aiken SC 29802

-FAX INFORMATION: (803)725-1807

-EMAIL ADDRESS: myeaton@fs.fed.us

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/ http://www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr

2010)

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

_X_ (ii) Alternate I (Oct 1995) of 52.219-6.

_X_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_X_ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

_X_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(Sep 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(Sep 2006) (38 U.S.C. 4212).

_X_ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.‘s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

_X_ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

CONTRACT CLAUSES

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachment 1, Specifications, 2 pages

Attachment 2- Photographs of Trade-In Shredder

2A – Shredder Front and Top

2B – Shredder Right Side

2C – Shredder Rear

2D – Shredder Left Side

EXHIBIT A- SAVANNAH RIVER DELIVERY INSTRUCTIONS

RECEIVING INFORMATION: Normal receiving hours for the USDA, Forest Service—Savannah River located 1 mile inside the Aiken/New Ellenton barricade are Monday through Thursday, 9:00 a.m. to 3:00 p.m., except for Federally recognized holidays. No deliveries on Friday due to non-availability of personnel.

Trucks arriving after the hours indicated will be turned away unless prior arrangements have been made with the point of contact. The Contractor shall pack and mark the shipment in conformance with the carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee and ay all charges to the specified point of delivery. Failure to pass receipt inspection may result in material being returned to contractor. Note: The Contractor must be capable of off-loading material. No loading dock is available.

SECURITY AND ACCESS INFORMATION FOR DELIVERIES MADE TO THE SITE: All deliveries must enter through S.C. State Highway 19 Aiken/New Ellenton Savannah River Site security entrance barricade. Vehicle operators might be asked to present proof of insurance, a valid state driver‘s license, and vehicle registration before entering the site. Moreover, vehicles over a certain size restriction must enter through the Aiken barricade; however, the vehicles may exit through any exit point. Delivery personnel must have access to all compartments of the delivery vehicle and allow security personnel to search the vehicle. All

Contractors will require a security badge for entry to the Site. To obtain a badge, the contractor will receive a general visitor/contractor safety/security briefing at the 703-46A badge office. Allow at least 1-2 hours for badge processing. The badge office hours are Monday through Thursday 6:30 a.m. to 4:00 p.m. Contractors should arrive at least 1 hour prior to closing time to ensure adequate processing time. This briefing will be delivered using the touch screen computer stations in the badge office. Furthermore, contractors could receive a safety/security briefing via a hard copy checklist and manual log at the Aiken/New Ellenton barricade. Also, if applicable, hazard-specific checklists for high and medium hazard work will be utilized and will be subject to focused observations, as appropriate. Contractor must provide current vehicle registration and proof of insurance along with a valid driver‘s license to gain entry to the site.

The following are prohibited items on the SRS: Weapons; firearms and simulated firearms; ammunition or incendiary devices with the exception of emergency road flares; explosive materials and devices such as firecrackers; narcotics, illegal drugs, and drug paraphernalia; alcoholic beverages to include non-alcoholic beer;

chemical irritants with the exception of small containers of mace carried for personal protection; and stun guns.

External fuel tanks and fuel containers shall not be brought onto the site unless required for contract performance.

Due to the point of entry procedures at SRS, the contractor will be required to give a 3 day notice of delivery and provide to designated Forest Service personnel, the cargo delivery driver’s name and company’s name, social security number and a fax copy of his/her driver’s license. (applies if security badge is needed) Two forms of identification (one must be a picture ID) will be required by the driver. The next page lists the acceptable documents for identification purposes. Drivers must be United States Citizens and cannot be parolees or convicted felons. Former SRS employees removed for cause are denied entry to SRS.

Delays and/or costs associated with the use of drivers failing to meet these qualifications or for failure to follow the procedures indicated will be born by the contractor.

SOLICITATION PROVISIONS

FAR Provision 52.212-1, Instructions To Offerors--Commercial Items (Jun 2008) is hereby tailored as follows:

(Incorporated By Reference On Standard Form 1449)

Paragraph c is changed to read as follows: (c) Period for acceptance offers. The offeror agrees to hold the prices in its offer firm for

60 calendar days from the date specified for receipt of offers.

Paragraph (d) is deleted

Paragraph (e). Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

Paragraph (h) is deleted. No multiple awards will be made as a result of this solicitation.

Paragraph (i) is deleted.

FAR 52.212-2 Evaluation – Commercial Items (JAN 1999)

(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 (Listed in order of priority):

1. Technical acceptability

2. Equipment past performance

3. Offeror past performance

4. Equipment desired features provided.

5. Price and price related factors (warranty, additive items, repair service location) a). The basis for award will be an integrated assessment based on the offeror complying with the technical requirements of the solicitation (Technically acceptability) and then a tradeoff between 1) equipment past performance, 2) offeror past performance, 3) desired features provided and 4)price and price related factors.

b). Regarding the additive item‘s pricing, the low offer for evaluation purposes for award shall be the conforming responsible bidder offering the low aggregate amount for the first or base contract line item, plus the number of additive line items within the funds determined by the government to be available before offers are opened. (Refer to AGAR 452.236-70 Additive or

Deductive Items below)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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 contract 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.

(d) The government reserves the right to award the contract to other than the lowest priced offeror.

NOTE: This procurement falls under the test program for certain commercial items, FAR 13.5.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Aug 2009)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision--

―Emerging small business‖ means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

―Forced or indentured child labor‖ means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

―Inverted domestic corporation‖ means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

―Manufactured end product‖ means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

―Place of manufacture‖ means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

―Restricted business operations‖ means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.

L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan

Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

―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.

http://orca.bpn.gov/

(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 size standards in this solicitation.

―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 business concern‖ means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

―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.

(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 posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation 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 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 paragraphs

***____________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. 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 on ORCA.] (***Insert none or leave blank if no changes)

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas.

Check all that apply.

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(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.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

http://orca.bpn.gov/

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small

Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [_] is, [_] is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror‘s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror‘s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

50 or fewer $1 million or less

51-100 $1,000,001-$2 million

101-250 $2,000,001-$3.5 million

251-500 $3,500,001-$5 million

501-750 $5,000,001-$10 million

751-1,000 $10,000,001-$17 million

Over 1,000 Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed

$100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United

States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ―domestic end product.‖ The terms ―commercially available off-the-shelf (COTS) item,‖ ―component,‖ ―domestic end product,‖ ―end product,‖ ―foreign end product,‖ and ―United States‖ are defined in the clause of this solicitation entitled ―Buy American Act—Supplies.‖

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act --

Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ―Bahrainian, Moroccan, Omani, or Peruvian end product,‖ ―commercially available off-the-shelf (COTS) item,‖

―component,‖ ―domestic end product,‖ ―end product,‖ ―foreign end product,‖ ―Free Trade Agreement country,‖ ―Free Trade Agreement country end product,‖ ―Israeli end product,‖ and ‗United States‘ are defined in the clause of this solicitation entitled ―Buy American Act--Free Trade Agreements-

-Israeli Trade Act.‖

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ―Buy American Act—Free Trade Agreements—

Israeli Trade Act‖:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled ―Buy American Act—Free Trade Agreements—Israeli Trade Act.‖ The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ―domestic end product.‖

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled ―Buy

American Act—Free Trade Agreements—Israeli Trade Act‖:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled ―Trade Agreements.‖

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

Line Item No.: Country of Origin:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act.

The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) [_] 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 Federal, state or local government 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; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] 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.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) 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.

(B) 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.

(ii) Examples.

(A) 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 appear rights.

(B) 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.

(C) 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the

Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror‘s relationship with the

Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror‘s TIN.]

(3) Taxpayer Identification Number (TIN).

[_] TIN:_____________________.

[_] TIN has been applied for.

[_] TIN is not required because:

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[_] Offeror is an agency or instrumentality of a foreign government;

[_] Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt);

[_] Corporate entity (tax-exempt);

[_] Government entity (Federal, State, or local);

[_] Foreign government;

[_] International organization per 26 CFR 1.6049-4;

[_] Other ____________________.

(5) Common parent.

[_] Offeror is not owned or controlled by a common parent:

[_] Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations.

(1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108).

(2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one

ATTACHMENT 1

SPECIFICATIONS –SITE PREP TRACTOR /MASCTICATOR/MULCHER

I. Wheeled, All-wheel-drive, articulated Carrier / Tractor (prime mover) requires the following:

POWER TRAIN:

1. Diesel Tier 3 or higher

2. 260 to 310 hp diesel engine.

3. Automated reversible cooling fan system

4. Hydrostatic Transmission

GENERAL FEATURES

1. Operating Maximum Width 9.5 feet

2. Cab with Heat and A/C, positive pressure

3. Cab mounted lighting (front, side, rear)

4. 12 volt power port in cab

5. Guages/Instrumentation:

Hour meter, Engine temp, Hydraulic temp, fuel, warning lights, engine rpm

6. Seat Suspension

7. ISO 8082 ROPS

8. ISO 8083 FOPS

9. ISO 8084 OPS

10. A minimum of 1 Year warranty to include components and labor.

11. Operator and Service manual

DESIRED FEATURES (Listed in order of priority)

1. Joystick for travel, steering, and boom

2. Radio

3. Road travel kit: beacon, horn, signal, stop lights

4. Multi-function hydraulics with quick attach head

5. Rear view camera

6. Equipment maintenance and operator training – a minimum of 2 hours

7. Winch with 20,000 lb capacity or greater, includes installation and appropriate wire rope or synthetic line

Tigercat M726E or Prentice 2864 “or Equal” with horizontal shaft head

II. Horizontal shaft rotary masticating/mulching head requires the following:

1. Minimum working width of 90 inches

2. Overall width equal or greater than carrier width.

3. Overall width shall not exceed 20 inches more than working width.

4. Complete set of replaceable carbide teeth.

5. Steel, hydraulic or fixed push bar.

6. Adjustable skids.

7. Operator and service manual.

8. Must be fully compatible with the carrier

FAE 300/U or FECON BH300 “Or Equal”

III. Unit for Trade-In:

The USDA Forest Service currently owns a modified 2006 Delta DT-530 mulcher or masticator with approximately 400 machine hours. This unit was designed on a John Deere 643H carrier and is powered by a JD 6125H – 500 HP engine.

Typical masticating conditions involve Longleaf pine and hardwood stands where stems can approach 8 inches in diameter at breast height and overall stand density can be high. An extra set of teeth will also be provided. The high temperatures result in engine shut down, prior to radiator boil over. This unit will be available for viewing by appointment only from 9:00 am to 4:00 pm on 5/17/2010 and 06/03/2010. Please contact Andy Horcher, (803) 725-5414 or Tommy Wilson,

(803) 218-8040 for an appointment.

IV. General Information

1. The complete unit must be new and fully backed by the OEM warranty or warranties. The unit must be among manufacturer‘s production models and may not be customized or modified either to comply with the specifications below or to cause the voiding of any OEM warranty. The offeror warrants it has title and ownership of the equipment, and that the equipment is free of liens or other encumbrances. Unit must be able to operate for a 10 hour day without overheating in South Carolina summers where

100 degree temperatures are common.

2. All items are to be delivered on the ground (FOB Destination) at the USDA Forest Service complex, located one mile behind the Aiken Barricade at the Department of Energy‘s Savannah River Site, Aiken, SC 29802. All fluid levels will be filled to appropriate levels and machine will be fully operable upon delivery with operator‘s and service manuals. Unit must be delivered by

Sept 15, 2010. the Government reserves the right to inspect and operate the equipment for 30 days to ensure the equipment operates and functions as required prior to processing any invoice in accordance with FAR Clause 52.232-25, Prompt Payment. Therefore, payment will be no earlier than 60 days after delivery of the unit, pending satisfactory performance.

3. Delivery will be coordinated with the Government POC(s) provided at the time of contract award at least three business days in advance due to site security requirements. Refer to Exhibit A for delivery instructions.

4. The offeror warrants it has title and ownership of the equipment, and that the equipment is free of liens or other encumbrances.