offeror return forms.doc.docx

AG-82B1-S-10-0040

OMB Approved No. 9000-0006

UNDER DPAS (15 CFR 350)

8. ADDRESS OFFER TO (If other than Item 7)

US Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Couer d’Alene, ID 83815 US Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Couer d’Alene, ID 83815

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

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

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.

(See Section I, Clause No. 52-232-8)

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

FACILITY

AND

OFFER (Type or Print)

ADDRESS

OF

OFFEROR

code)

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

TAS::12 1102::TAS

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

10 U.S.C. 2304 (c) (

41 U.S.C. 142(c) (

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

PREVIOUS EDITION NOT USABLE

Prescribed by GSA

FAR (48 CFR) 53.214(c)

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

Cabinet Ranger District Kootenai National Forest Sanders County

B.1 SCHEDULE OF ITEMS :

NOTE: Price Proposals MUST be provided on ALL Items in Schedules B.1 and B.1.1, Mandatory & Optional Items and B.2, Timber Removal Price Schedule.

FACSIMILE (FAX) Offers will not be accepted.

SUMMARY SCHEDULE OF ITEMS – Complete item pricing on following Schedule B pages.

ITEM NO.

MANDATORY WORK ACTIVITY DESCRIPTION

Fuel Reduction (Appendix A)

Road Construction/Reconstruction (Appendix D)

Road Stabilization (Appendix A)

OPTIONAL WORK ACTIVITY DESCRIPTION

Fuel Reduction (Appendix A)

Mandatory Removal of Non-sawtimber (K-C.2#)

OPTIONAL WORK ACTIVITY DESCRIPTION

SECTION B - SERVICES AND PRICES

B.1 MANDATORY SCHEDULE OF ITEMS Nos. 1-8

MANDATORY

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Mandatory Removal of Non-sawtimber (K-C.2#)

Sub-Items

Total →$

MANDATORY

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

TOTAL

Slashing (*) indicates portion of total unit acres)

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

TOTAL

Excavator Piling (*)indicates portion of total unit acres)

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Construction

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY.

UNIT

PRICE

TOTAL

Sub-Items

ROAD CONSTRUCTION/RECONSTRUCTION

MANDATORY – ROAD CONSTRUCTION

ITEM

NO.

DESCRIPTION

Road Construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 2400 Sub-Items

15101

Mobilization

CQ

Lump Sum

All

15250

Construction Staking, Culverts

AQ

Each

15253 Construction Staking Roadway, One Side Only, Method I, Precision E, Clearing and Grubbing Limits (Both Sides)

CQ

Mile

2.43

20103 Clearing and Grubbing, Disposal of Tops and Limbs E, Logs E, Stumps E, CQ

Mile

2.43

20401 Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

20419 Drainage Excavation, Type Surface Water Deflector

AQ

Linear Foot

20420

Drainage Excavation, Type Dip

AQ

Each

20480

“J” Hole Excavation

AQ

Each

60270 24” CMP Incl Exc., 0.064” Thickness, Steel, Compaction Method B

AQ

Linear Foot

62550

Seeding, and Fertilizing, Dry Method

CQ

Acre

4.40

* Designated Method of Measurement:

CQ – Contract Quantity; AQ – Actual Quantity

MANDATORY – ROAD CONSTRUCTION cont.

ITEM

NO.

6 cont

DESCRIPTION

Road Construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 2400B Sub-Items

CQ

Lump Sum

All

AQ

Each

Construction Staking Roadway, One Side Only, Method I, Precision E, Clearing and Grubbing Limits (Both Sides)

CQ

Mile

1.61

20151 Clearing and Grubbing, Disposal of Tops and Limbs E, Logs E, Stumps E, CQ

Mile

1.61

Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

Drainage Excavation, Type Surface Water Deflector

AQ

Linear Foot

AQ

Each

AQ

Each

24” CMP Incl Exc., 0.064” Thickness, Steel, Compaction Method B

AQ

CQ

Acre

2.80

CQ – Contract Quantity; AQ – Actual Quantity

MANDATORY – ROAD RE-CONSTRUCTION

ITEM

NO.

DESCRIPTION

Road Re-construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 152 – Beaver Creek Sub-Items

CQ

Lump Sum

All

20305

Removal of Cattle Guard and Fence Posts

CQ

Lump Sum

All

30354

Road Reconditioning, Compaction Method D

AQ

Mile

1.16

Road 301 – Little Beaver Creek Sub-Items

CQ

Lump Sum

All

15707

Straw bales

AQ

Each

Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

AQ

Each

23050

Roadside Brushing

AQ

Mile

3.89

30354

Road Reconditioning, Compaction Method D

AQ

Mile

3.89

CQ

Acre

0.04

MANDATORY – ROAD RECONSTRUCTION cont.

7cont

DESCRIPTION

Road Re-construction

METHOD

OF

MEAS.

PAY

UNIT

EST.

QTY

UNIT

PRICE

TOTAL

Road 2720 Anderson Gulch Sub-Items

CQ

Lump Sum

All

20103 Clearing and Grubbing, Disposal of Tops and Limbs K, Logs K, Stumps K, CQ

1.26

20402 Roadway Excavation, Compaction Method E, Finishing Method D

AQ

2.35

Drainage Excavation, Type Surface Water Deflector

AQ

Linear Foot

AQ

Each

20453

Excavation – Turnouts

CQ

Lump Sum

23050

Roadside Brushing

AQ

Mile

1.09

CQ

Acre

0.30

CQ – Contract Quantity; AQ – Actual Quantity

MANDATORY – ROAD STABILIZATION

ITEM

NO.

QTY

UNIT

PRICE

TOTAL

Sub-Item

Scarification of road surface/debris placement/waterbar construction, seed and fertilizer

Total→$

B.1.2 OPTIONAL SCHEDULE OF ITEMS Nos. 9-13

OPTIONAL

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Items

ITEM

NO.

DESCRIPTION

Fuel Reduction

QTY

UNIT

PRICE

TOTAL

Sub-Item

Unit 1

.13

.13

DESCRIPTION

Road Construction

METHOD

OF

MEAS.

PAY

UNIT

EST

QTY

UNIT

PRICE

TOTAL

Road 2402 Optional Sub-Items

CQ

Lump Sum

All

AQ

Each

Construction Staking Roadway, One Side Only, Method I, Precision E, Clearing and Grubbing Limits (Both Sides)

CQ

1.52

20151 Clearing and Grubbing, Disposal of Tops and Limbs E, Logs E, Stumps E, CQ

Mile

1.52

Roadway Excavation, Compaction Method E, Finishing Method D

CQ

Cubic Yard

Drainage Excavation, Type Surface Water Deflector

AQ

AQ

Each

AQ

Each

24” CMP Incl Exc., 0.064” Thickness, Steel, Compaction Method B

AQ

Linear Foot

CQ

Acre

2.70

CQ – Contract Quantity; AQ – Actual Quantity

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

B.2 TIMBER REMOVAL PRICE SCHEDULE:

SPECIES

PRODUCT

QUANTITY

UNIT OF MEASURE

MINIMUM ACCEPTABLE OFFER

OFFER

(FLAT)

TOTAL OFFER

Douglas-fir and Other

Sawtimber

20636

TON

$ 2.71

All Species

Non-sawtimber

25205

TON

$ .38

$ .38

$ 9,577.90

SPECIES

PRODUCT

QUANTITY

UNIT OF MEASURE

MINIMUM ACCEPTABLE OFFER

OFFER

(FLAT)

TOTAL OFFER

Lodgepole pine and Other

Sawtimber

TON

$ 4.63

All Species

Non-sawtimber

12484

TON

$ .38

$ .38

$ 4,743.92

See Timber Removal Project Terms and Specifications in Appendix B.

NOTE: THESE SCHEDULES ARE FOR PRICING/PAYMENT PURPOSES. SEE SECTION L FOR BUSINESS PROPOSAL REQUIREMENTS.

See Timber Removal Project Terms and Specifications in Appendix B.

REQUIRED DEPOSITS:

Appendix B – Stewardship Contact Timber Specifications – Contract Provisions

K-F.1.1.3# - Use Agreement Between Forest Service and Owner

Contractor shall pay the required deferred road maintenance fee ($ .05/Ton – sawtimber and non-sawtimber) for use of roads specified under Temporary Road Use Permit.

K-F.3.2# - Road Maintenance Deposit Schedule

Contractor shall make required deposits for current and/or deferred road maintenance.

Mandatory Timber Removal = $ .32/Ton Optional Timber Removal = $ .18/Ton

Refer to the above contract provisions for additional information.

B.3 LAND MANAGEMENT ACTIVITIES.

Note - The solicitation is issued under the provision of the American Recovery and Reinvestment Act of 2009 (ARRA).

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-1, will be made in Stewardship Credits in lieu of cash, as defined in Section G.

Construction component estimated price range inclusive of Construction Optional Items: $100,000 - $250,000 No bid bond will be required for this solicitation but both Performance and Payment bonds per I.5 5228-15 will be required to be submitted within 10 days of award.

Optional Work Activities as shown in the schedule of Items shall be awarded and performed only if authorized in writing by Contracting Officer. Such authorization may be for all or a portion of the quantity shown. Optional stewardship projects may be selected and authorized in any order by the Contracting Officer before September 30, 2010. Performance time for the Mandatory and any Optional Items awarded, is fixed to end October 1, 2013.

52.217-5 Evaluation of Options. (this provision is referenced in Section L) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The above clause means that the Government’s evaluation of price for this solicitation includes the grand total of the all the Mandatory and all the Optional Items. To be considered responsive to this solicitation all items, both Mandatory and Optional must be priced.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGEMENTS

K.1 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/ http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.222-38 Compliance With Veterans’ Employment Reporting Requirements (DEC 2001)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 113310 Logging.

(2) The small business size standard is 500 employees.

(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 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 $100,000.

(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.

(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.

(xix) 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) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

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

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

__ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

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

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (x) 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 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.

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.

K.3 FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005)

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

[ ] Offeror elects to waive the evaluation preference.

K.4 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2009)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 1153110 assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

K.5 FAR 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEAST 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.4 AGAR 452.222-70 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS (JAN 1999) (DEVIATION) (USDA)

(a) The Offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212 (d) (i.e., the VETS-100 report required by FAR clause 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era), it has , has not , submitted the most recent report required by 38 U.S.C. 4212(d).

(b) An offeror who checks “has not” may not be awarded a contract until the required report is filed.

K.5 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

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

Has applied for a MSWPA Registration Number Has been issued MSWPA Registration Number Has not applied for a number Will not apply because it does not currently have employees and does not plan to hire employees.

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

Applications for registration numbers should be made on Form WH-510 which is available at your State Employment Service Offices. Questions concerning application should be directed to the State Employment Office or to:

Montana Idaho/Washington:

(214) 767-4538

Completed forms should be mailed to the appropriate U.S. Department of Labor Office above.

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

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(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 o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have o have not o, 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;

(C) Are o are not o 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 o, have not o, 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.

(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 subsidiary, 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.

K.7 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials.

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

Alternate I (Mar 2009). As prescribed in 25.1102(e), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21.

previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of 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 52.225-21, 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 cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 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) f the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 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.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Participation Female Participation

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Northwestern Montana.

L.4 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:

Kathy R. Anderson, Contract Officer, USFS-IMAT, 3815 Schreiber Way, Coeur d’Alene, ID 83815

(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 FAR 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals (prices in schedule of items) must be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

L.6 AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

L.7 FAR 52.236-27 SITE VISIT (Construction) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: John M. Craig Address: Kootenai NF, Supervisors Office Libby, Montana Telephone: (406) 283-7632

The Sources Sought Notice posted on FBO on October 1, 2009 alerted potential offerors of this planned project and allowed for arranged site visits via this contact before snow cover or administrative closures inhibited access.

L.8 AGAR 452.215-71 INSTRUCTIONS 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 prices filled in the Schedule of Items. 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 prices; however, resource information (such as data concerning key personnel, equipment, experience resume, past performance contacts, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.

(2) - 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:

(a) 1 copy of the completed, signed offer (SF-33 signed & dated in blocks 15a through 18, Schedule of Items with unit prices and totals filled out, Section K of the solicitation package appropriately filled out)

(b) 3 copies of the technical proposal – No binders or bound material.

(A) Technical Proposal Instructions.

Technical proposals will be evaluated to determine the ability of the contractor to 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…