return.pdf

Pagosa Long Term Stewardship AG-82X9-S-11-9002 Return with Your Proposal

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

UNDER DPAS (15 CFR 350)

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

[ ] SEALED BID (IFB)

AG-82X9-S-11-9002 [X ] NEGOTIATED (RFP) 8/6/2011

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

USDA Forest Service RMAST – Durango Colorado Office 15 Burnett Court Durango, CO 81301

Same as block 7

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

SOLICITATION

9. Sealed offers in original and 2 copies for furnishing the supplies or serviced in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

15 Burnett Court Durango, CO 81301 until 4:30 pm local time

9/6/2011

(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.

10. FOR INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Joe Milburn

AREA CODE NUMBER EXT.

jmilburn@fs.fed.us 970 385-1316

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

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

X C DESCRIPTION/SPECS./WORK/STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIVES, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA X L INSTRS., CONDS., AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

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

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

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

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

15A. NAME AND

ADDRESS

OF

OFFEROR

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

OFFER (Type or Print)

DUNS:

15B. TELEPHONE NO. 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ) ) 41U.S.C. 142(c) ( ) (4 copies unless otherwise specified) 7

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE Same as block 7 Albuquerque Service Center – Miscellaneous Payments

101B Sun Ave NE

Albuquerque, NM 87109

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

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

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

Previous edition is unusable Prescribed by GSA - FAR (48 CFR) 53.214(c)

B.1.a Stewardship Work Activities – Summary Description, and Price Schedule, of

Tree Cutting of POL, and Removal Activities

REQUIRED Cutting and Removal of Designated Trees

ITEM

NO.

WORK ACTIVITY DESCRIPTION UNIT UNIT PRICE

1A thru 5C

Activities common to ALL bid items in column to left are:

Cutting and removal of designated trees, from 5.0-9.9” DBH, (including boles, limbs, tops) from Forest, plus removal from Forest of limbs and tops from designated trees 10.0” DBH and greater, and specific activities tied to system road maintenance, temporary road maintenance, erosion control, and miscellaneous work. (See Appendix A for details.)

Variations between individual Bid Items are noted below.

n/a n/a

1A - cover type: Ponderosa Pine stands.

- haul from Project Area to disposal site for cut-tree material ranges from 0 to 20 miles.

green ton

1B - same as 1A except:

- haul ranges from 21 to 35 miles.

1C - same as 1A except:

- haul ranges from 36 to 50 miles.

2A - cover type: warm-dry Mixed Conifer stands.

- haul ranges from 0 to 20 miles.

2B - same as 2A except:

- haul ranges from 21 to 35 miles.

2C - same as 2A except:

- haul ranges from 36 to 50 miles.

3Ai - cover type: cool-moist Mixed Conifer stands. green

- haul ranges from 0 to 20 miles.

- treatment: group selection/patchcut, and thinning.

3Aii - same as 3Ai except:

- treatment: clearcut

3Bi same as 3Ai except:

- haul ranges from 21 to 35 miles.

3Bii - same as 3Aii except:

- haul ranges from 21 to 35 miles.

3Ci - same as 3Ai except:

- haul ranges from 36 to 50 miles.

3Cii - same as 3Aii except:

- haul ranges from 36 to 50 miles.

4Ai - cover type: Aspen-with-Conifer stands.

- haul ranges from 0 to 20 miles.

- treatment: remove conifer.

4Aii - same as 4Ai except:

- treatment: clearcut

4Bi - same as 4Ai except:

- haul ranges from 21 to 35 miles.

4Bii - same as 4Aii except:

- haul ranges from 21 to 35 miles.

4Ci - same as 4Ai except:

- haul ranges from 36 to 50 miles.

4Cii - same as 4Aii except: green

- haul ranges from 36 to 50 miles.

5A - cover type: Aspen stands.

- haul ranges from 0 to 20 miles.

5B - same as 5A except:

- haul ranges from 21 to 35 miles.

5C - same as 5A except:

- haul ranges from 36 to 50 miles.

B.1.b Stewardship Work Activities – Summary Description, and Price Schedule, of

Cutting of Trees Smaller than POL, and Removal Activities

(Perfomance of Optional Item Numbers 6a thru 10c will be required when Contracting Officer determines it is in the best interest of the Government.)

OPTIONAL Cutting and Removal of Designated Trees

ITEM

NO.

WORK ACTIVITY DESCRIPTION UNIT UNIT PRICE

6A thru 10C

Activities common to ALL bid items in column to left, are:

Cutting and removal of designated trees, less than 5.0” DBH, (including boles, limbs, tops) from Forest, and specific activities tied to system road maintenance, temporary road maintenance, erosion control, and miscellaneous work. (See

Appendix A for details.)

Variations between individual Bid Items are noted below.

n/a n/a

6A - cover type: Ponderosa Pine stands.

- haul from Project Area to disposal site for cut-tree material ranges from 0 to 20 miles.

6B - same as 6A except:

- haul ranges from 21 to 35 miles.

6C - same as 6A except: green

- haul ranges from 36 to 50 miles. ton

7A - cover type: warm-dry Mixed Conifer stands.

- haul ranges from 0 to 20 miles.

7B - same as 7A except:

- haul ranges from 21 to 35 miles.

green ton

7C - same as 7A except:

- haul ranges from 36 to 50 miles.

8Ai - cover type: cool-moist Mixed Conifer stands.

- haul ranges from 0 to 20 miles.

- treatment: group selection/patchcut, and thinning.

8Aii - same as 8Ai except:

- treatment: clearcut

8Bi same as 8Ai except:

- haul ranges from 21 to 35 miles.

8Bii - same as 8Aii except:

- haul ranges from 21 to 35 miles.

8Ci - same as 8Ai except:

- haul ranges from 36 to 50 miles.

8Cii - same as 8Aii except:

- haul ranges from 36 to 50 miles.

9Ai - cover type: Aspen-with-Conifer stands.

- haul ranges from 0 to 20 miles.

- treatment: remove conifer.

9Aii - same as 9Ai except: green

- treatment: clearcut

9Bi - same as 9Ai except:

- haul ranges from 21 to 35 miles.

9Bii - same as 9Aii except:

- haul ranges from 21 to 35 miles.

9Ci - same as 9Ai except:

- haul ranges from 36 to 50 miles.

9Cii - same as 9Aii except:

- haul ranges from 36 to 50 miles.

10A - cover type: Aspen stands.

- haul ranges from 0 to 20 miles.

10B - same as 10A except:

- haul ranges from 21 to 35 miles.

10C - same as 10A except:

- haul ranges from 36 to 50 miles.

PAYMENTS, per TASK ORDER, for B.1.a./B.1.b. Service Work

The service work summarized above includes both required and optional items tied to cutting and removal of designated trees. As noted under B.2, Schedule of Items, Timber Products (and noted elsewhere in this contract), there is additional required cutting of designated trees 10.0” DBH and larger and removal of associated sawtimber. (For this contract, sawtimber minimum diameter is 10.0” DBH. See Division A, Appendix B, Timber Removal Specifications.) Given the value associated with sawtimber, service work payments will not be made for cutting and removal of sawtimber. Service work payments will be made for the removal of tops and limbs (miscellaneous biomass) resulting from the cutting of sawtimber-sized trees. In order to determine payment for service work under B.1.a. (and B.1.b., if included in a Task Order), a weighted average rate per green ton of sawtimber, pol, and miscellaneous biomass will be determined in accordance with the Example Weighted Average Rate for Task Order table shown below, coupled with the BID (flat) per green ton submitted with the proposal, and green tons per species and product.

- EXAMPLE – Weighted Average Rate, Service Work Bid Items B.1.a, for Task Order # ___ - EXAMPLE species product unit of measure

EXAMPLE

green tons

EXAMPLE

bid/green ton

EXAMPLE

total value bid by species & product

EXAMPLE

weighted average rate per green ton

PP sawtimber green ton 3600 $.00* $.00*

$12.00/green ton

TF & other sawtimber green ton 2400 $.00* $.00*

DF sawtimber green ton 800 $.00* $.00*

Aspen POL green ton 400 $15.00 $6,000

ALL

conifer

POL green ton 600 $19.50 $11,700

ALL misc biomass green ton 2200 $46.50 $102,300 total green ton 10000 $120,000

*Contractor will not be paid for cutting and removal of sawtimber products. The service work bid per green ton will be $0.00 for the cutting and removal of sawtimber products.

Instructions: To determine the weighted average rate per green ton on each task order:

Step 1. The Weighted Average Rate for Task Order #____ table (example shown above) will be completed for each species/product required to be removed. The columns for Quantity, Bid, and Total Value will be completed for each task order.

Step 2. The “bid per green ton” is the BID (“unit price”) per Green Ton value from B.1.a.

“Cutting and Removal of Designated Trees” (and B.1.b., if applicable) table(s).

Step 3. All estimated quantities will be totaled. Miscellaneous biomass, from trees required to be removed, will be included.

Step 4. The Total Value Bid by species for POL and miscellaneous biomass products will be determined.

Step 5. To determine the Weighted Average Rate per Green Ton for sawtimber, POL, and miscellaneous biomass products, the sum of total value bid for POL and miscellaneous biomass will be divided by the total estimated quantity of green tons for the Task Order.

All additional sawtimber, POL, and miscellaneous biomass material designated to be cut by the Forest Service as part of “Construction Clearing”, or “Other Authorized Clearing” (provisions

H.10.3, H.10.4, respectively) will have payments based on the Weighted Average rate per Green Ton calculated for the Task Order.

B.1.c Stewardship Work Activities – Summary Description, and Price Schedule, of

Pre-Use Road Maintenance

ITEM NO. WORK ACTIVITY DESCRIPTION UNIT UNIT PRICE

11 Ditch Cleaning (T-802) per MILE $_____

12A Surface Blading (T-803) – aggregate-surface roads per MILE $_____

12B Surface Blading (T-803) – native-surface roads per MILE $_____

13A Drainage Structures (T-805) – culvert cleaning each $_____

13B Drainage Structures (T-805) – drainage dip cleaning each $_____

14A Miscellaneous Structures (T-808) -- cattleguards each $_____

14B Miscellaneous Structures (T-808) -- gates each $_____

See Appendix C for Pre-Use Road Maintenance specifications.

B.1.d Stewardship Work Activities – Summary Description, and Price Schedule, of

Temporary Road Work

ITEM NO. WORK ACTIVITY DESCRIPTION UNIT UNIT PRICE

15 - Temporary road reconstruction of Existing road per MILE $_____

16 - Temporary road decommissioning per MILE $_____

17A - Temporary road gate – construction or purchase each $_____

17B - Temporary road gate – installation each $_____

17C - Temporary road gate – removal each $_____

See Appendix D for Temporary Road Work specifications.

Payment for Stewardship Work Activities, above, will be made with Stewardship Credits and/or cash. See Section G.1 – G.9 for details.

B.2 Schedule of Items – Timber Products (“Goods”)

Assumptions for Timber Products

Timber Products includes two key components: a) cut-tree material, in green tons, from the cutting and removal of sawtimber from designated trees, and b) cut-tree material, in green tons, from the cutting and removal of designated trees, and products, specified in B.1.a and B.1.b, described above in Service Work Activities. Note that cutting of sawtimber-sized trees, and removal of associated sawtimber, is a requirement of this contract, does not result in service-work payment, and does require payment for green tons removed from Forest to Contractor’s disposal or utilization site. Cut-tree material derived from service-work activities and removed from the Forest, also requires payment for green tons removed.

Timber product value can vary by product class and species. This contract, for valuation purposes, differentiates products as follows.

Timber products are broken into three product classes, depending on the original size of the cut-tree material:

a) sawtimber, from trees 10.0” DBH and larger;

b) POL (products other than logs), from trees 5.0-9.9” DBH; and

c) miscellaneous biomass, or i) the remaining cut-tree material including topwood (the portion of the stem(s) above and smaller than sawtimber or POL), limbs, and foliage, and ii) any cut-tree material from whole trees less than 5.0” DBH (see B.1.b, above).

Sawtimber and POL are further delineated into species classes, as follows:

a) sawtimber – ponderosa pine, true fir and other species*, Douglas-fir, and spruce (blue and Engelmann);

b) POL – aspen, and all conifer.

*True fir includes white fir, subalpine fir, and corkbark fir. Other species may include juniper, pinon pine, or other species in small quantities not listed above.

Valuation, by product and species, will be conducted following standard appraisal policies established by the Forest Service. Values for products derived from this contract will not fall below minimum rates established by the Forest Service.

Bids are to be submitted according to the following Timber Products Removal Price Schedule table – that is, by species and product, per green ton. The bid per green ton will remain constant (“flat”) for the Contract period unless modified by Rate Redetermination.

TIMBER PRODUCTS REMOVAL PRICE SCHEDULE

species (live & dead) product unit of measure minimum bid (per green ton) bid, flat (per green ton)

Ponderosa pine (PP) sawtimber green ton $_0.86__ $_______

True fir and Other Conifer Species (TF) sawtimber green ton $_0.90__ $_______

Douglas-fir (DF) sawtimber green ton $_0.99__ $_______

Engelmann/blue spruce

(ES)

sawtimber green ton $_1.90__ $_______

Aspen (AA) POL green ton $_0.38__ $_______

ALL Conifer (AC) POL green ton $_0.08_ $_______

All misc biomass green ton $_0.08_ $_______

Volume Estimates -- Quantities of timber products are determined by Forest Service in accordance with acceptable cruising methods, including appropriate statistical standards, volume equations and sampling methods. (These methods, and standards, and associated policy, are found in the Forest Service Cruising Handbook, 2409.12.) Individual project areas and associated Task Orders will have site-specific cruise plans and cruise results/files that will be available for review by Contractors. Timber product quantities, derived from sampling, are estimates; hence, Contractors are urged to examine the contract area and make their own estimates.

Cruise sampling data is run through a nationally-accepted software program to calculate cubic feet from sawtimber,and POL products, and from associated topwood, or the portion of the stem(s) above and smaller than the sawtimber or POL product. Estimates of cubic feet (CF) are then converted to green tons via weight factors. Weight factors have been derived from sample weight testing of cut material, by species. Cruise software directly converts the remaining portion of miscellaneous biomass, other than topwood (i.e., limbs and foliage) into green tons.

(Green ton calculations for limbs and foliage are derived from various biomass studies and samples and incorporated into the National Biomass Estimator Library by nationally-adopted formulas.) For this contract the final unit of measure for Timber Products will be in green tons.

Note that the cruise estimates will typically include a defect deduction for rot and broken pieces that are lost in the process of cutting and removal of trees. It will vary by project area. (Refer to specific Task Orders and accompanying cruise information.)

PAYMENTS, per TASK ORDER, for Timber Products

The weighted average rate per green ton of sawtimber, POL, and miscellaneous biomass will be determined for each task order in accordance with the Example Weighted Average Rate for Task Order table shown below and the initial BID (Flat) per Green Ton submitted with the proposal.

- EXAMPLE - Weighted Average Rate for TASK ORDER # _____ - EXAMPLE –

SPECIES PRODUCT

UNIT OF

MEASURE

EXAMPLE

Estimated Quantity From Individual Task Order

(Green Ton)

BID (Flat) per Green Ton

Total Value Bid by species/ product

Weighted Average Rate per

Green Ton

PP Live / Dead

Sawtimber Green Ton 4,000 $2.00 $8,000

$2.54/

Green Ton

TF Live / Dead

Sawtimber Green Ton 1,000 $3.00 $3,000

DF and other conifer species Live / Dead

Sawtimber Green Ton 2,400 $5.00 $12,000

All Conifer

POL Green Ton 1,000 $0.30 $300

All misc biomass

Green Ton 800 $0.08 $64

Totals Green Ton 9,200 $23,364

Instructions: To determine the weighted average rate per green ton on each task order:

Step 1. The Weighted Average Rate for Task Order #____ table (Example shown above) will be completed for each species/product required to be removed (included material). The columns for Quantity, Bid, and Total Value will be completed for each task order.

Step 2. The “Bid (Flat) per Green Ton” is the BID (Flat) per Green Ton value from B.2 “Timber Products Removal Price Schedule” table.

Step 3. All estimated quantities will be totaled. Miscellaneous biomass, from trees required and elected to be removed, will be included.

Step 4. The Total Value Bid by species for sawtimber, POL, and miscellaneous biomass products will be determined.

Step 5. To determine the Weighted Average Rate per Green Ton for sawtimber, POL, and miscellaneous biomass products, the Total Value Bid for all species will be divided by the total Estimated Quantity from Individual Task Order (Green Ton).

All additional sawtimber, POL, and miscellaneous biomass material designated to be cut by the Forest Service as part of ”Damaged Timber”, “Construction Timber”, “Other Material”, “Construction Clearing”, or “Other Authorized Clearing” (Appendix B, Timber Removal Specifications, provisions C.1.3, C.1.5, C.1.6, and in this document, H.10.3, H.10.4, respectively) will be charged for at the Weighted Average Bid rate (flat) per Green Ton calculated for the Task Order.

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of Stewardship Work Activities shall be in accordance with, 1) Section C: Project Description and Work Specifications, 2) Appendix A: Work Activity Items - Terms and Specifications.

Payment for Stewardship Work Activities in Schedule B.1 will be made in Stewardship Credits and/or cash. See Section G.1 – G.9 for details.

Payment for Pre-use Maintenance or Temporary Road work items not found in Schedule B.1 (see G.10.1 and G.10.2) will be made by Electronic Funds Transfer (EFT) in accordance with clauses 52.232-1 and 52.232-25.

All quantities that will be listed on task orders are based upon reasonable projections of requirements and are estimates only.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

ACKNOWLEDGEMENTS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ______115310____________.

(2) The small business size standard is _$17.5 million__________].

(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 $150,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-

Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to—

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

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

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

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

__ (A) Basic.

__ (B) Alternate I.

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

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

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

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

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

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable 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.

K.2 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.3 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. Questions concerning application should be directed to:

U.S. Department of Labor Address City, State, Zipcode Phone No.

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.