AG-91T5-S-13-0011_SF1449_Cont.pdf

SOLICITION #: AG-91T5-S-13-0010 Page 3 of25 PROJECT: ANF CHILAO FOREST HEALTH AND FUEL REDUCTION THROUGH THINNING TREES, PRUNING, BRUSH CANOPY

REDUCTION, CHIPPING AND PILING

**SCHEDULE OF ITEMS**

SUPPLIES OR SERVICES AND PRICES

CHILAO FOREST HEALTH AND FUEL REDUCTION THROUGH THINNING TREES, PRUNING, BRUSH CANOPY

REDUCTION, CHIPPING AND PILING PROJECT

ANGELES NATIONAL FOREST

OFFERORS PLEASE NOTE: BEFORE PREPARING PROPOSAL, CAREFULLY READ THE CONTENTS OF THIS

REQUEST FOR QUOTE/SOLICITATION COMPLETELY.

ITEM NO. DESCRIPTION

METHOD

OF MEA.

PAY

UNIT

EST.

QTY. UNIT PRICE AMOUNT BID

Thin trees, prune trees, reduce brush canopy cover, cut, limb, buck standing and downed dead and dying trees, hand pile, chip and/or remove.

AC AC 135 $ $

TOTAL $

NOTE: Offerrors are required to submit technical approach, past performance and a price quote to Government

Officials.

Prepared by: __________________________ DUNS#: ___________________________

Signature: _________________________ Fed Tax Id #: _________________________

Date: _____________________

Tel#: _____________________ Fax#: __________________ Email: ________________________

SOLICITION #: AG-91T5-S-13-0010 Page 4 of25

STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

SCOPE

This contract provides for fuels reduction/modification, fuels removal, timber stand improvement and related work on approximately 135 acres to be performed in compliance to the contract terms, specifications and provisions. The Contractor shall furnish labor; equipment; supervision; transportation (including but not limited to mobilization); operating supplies and incidentals (including but not limited to all water and all Sporax® necessary for contract operations).

LOCATION

The project is located at Chilao Area along State Route 2, Angeles Crest Highway; the legal description is Township 3 North, Range 11 West, Sections 14, 23, & 26 SBBM, Los Angeles County, California. See Attachment D, Project Map.

DESCRIPTION

General

The purpose of the FY13 Charlton Forest Health Fuel Reduction Project is to restore the health and vigor of the natural stands and reduce the hazardous fuels that contribute to crown fire initiation and sustain crown fire spread. The project is designed to reduce tree density, remove competing vegetation, reduce hazardous fuels, and reduce crown length to promote forest health and reduce tree mortality from bark beetles and wildfire. There are two treatment levels within this project area. Treatment Level I and Treatment Level II. Live trees shall be thinned from below; live and dead brush shall be cut from around residual trees, residual trees shall be pruned (crown lift). Brush canopy will be reduced and chipping and piling of slash. Standing dead or dying trees will be cut limbed and bucked up. Downed dead trees will be limbed and bucked up.

Unit boundary is marked with blue flagging. Treatment Level boundary is marked with blue striped flagging.

There are “Limited Operating Periods” for this project. Hand cutting/piling is limited to April 1 through December 30.

Mechanical treatments are limited to April1 through June 30 (shut down in fire season) and from November 1 to season ending snow event.

Riparian Conservation Areas (RCA) will be identified with orange flagging. No manual or mechanical thinning, crown lift, release or clearing and hand piling will take place within 200 feet from a streambank on either side of a perennial stream or 50 feet from the streambank on either side of an intermittent stream.

Avoid and protect any cultural sites. These sites will be identified with orange flagging.

Other “Control Areas” will be identified with orange flagging.

Mechanized equipment including but not limited to tractors, masticators or power shears will be limited to slopes less than or equal to 35% and on short steep pitches up to 50%. The Contractor shall apply Sporax® to all freshly cut conifer stumps (alive or dead trees). Application shall occur within 4 hours of cutting. The Contractor shall adhere to all County, State, and Federal laws and regulations regarding this pesticide. This includes label directions and restrictions for application, handling storage, transportation and employee safety. The Contractor shall submit all required Use Reports to all appropriate agencies within required time frames.

All roads and trails will be kept open at all times especially State Route 2, FS Road 3N17, and FS Road 3N21and Trail 11W06. All debris, slash, trees etc. will be removed from the roadway before the end of each working day. Appropriate traffic control will be done on roads and trails to facilitate contractor and forest user’s safety and use.

Snag Removal Cut all dead and dying trees less than 16.0 inches DBH. Snags larger than 16.0 inches are to be left standing. Felled standing dead and dying trees will be limbed and bucked into 20 foot sections. Downed dead trees will be limbed and bucked into 20 foot lengths. Slash to be treated as stipulated under the heading

Slash Treatments.

Down logs shall be left for wildlife habitat not to exceed 120 lineal feet of largest available on site. Priority shall be given to existing partially buried down logs. Within 20 feet of roads and trails additional down logs shall be left in numbers and locations approved by the Contracting Officer, to restrict motor vehicle access. Retain a minimum of 10-15 hard snags

SOLICITION #: AG-91T5-S-13-0010 Page 5 of25 per 5 acres (minimum 16 inches DBH and 40 foot tall), except in fuelbreaks or where there is a safety concern and 6 down logs per acre (minimum 12 inches DBH and 20 foot long). Snags with wildlife cavities or nests and trees that serve as acorn storage will be retained over snags lacking wildlife activity.

Small Diameter Thinning

Level I Treatment Area

Trees will be thinned from below to a 10-20 spacing between the crowns of dominant and co-dominant individuals or clumps of trees. Residual basal area after thinning will be 80 sq. ft. /acre. Within the project area trees less than 20.0 inches DBH that are at least 3 feet tall shall be thinned. The residual stand shall have an average spacing between crowns of individual and/or clumps of trees of 10 - 20 feet.

Where clumps are retained, spacing between adjacent clumps shall be a minimum of 20 feet so that the crowns of adjacent clumps are separated by at least 10 feet. Retained tree clumps shall be a maximum size of 1/20th acre (circle with a radius of 26 feet). Within clumps, bole spacing shall average 8 to 10 feet; overtopped trees shall be removed from dripline of retained trees.

Level II Treatment Area

Thin from below trees equal to or less than 14 inches in diameter to 20 x 20 foot spacing between boles or clumps of trees. Within the project area trees less than 14 inches DBH that are at least 3 feet tall shall be thinned.

Where clumps are retained, spacing between adjacent clumps shall be a minimum of 20 feet so that the crowns of adjacent clumps are separated by at least 10 feet. Retained tree clumps shall be a maximum size of 1/20th of an acre (circle with a radius of 26 feet).

Common to both Treatment Areas

Leave tree species preference shall be as follows: big cone Douglas fir, sugar pine, Jeffrey pine, ponderosa pine, Coulter pine, single-leaf pinyon pine, incense cedar; white fir, coast live oak and canyon live oak with primary stem DBH greater than 8 inches, Arizona cypress, and knobcone pine. Residual trees, when available, shall have crown ratios that average 60% or greater; be in the dominant and co-dominant crown classes; have good crown and bole form; and have no obvious insect, disease, or mechanical injury. Retained oak trees shall have up to three of the largest primary stems left uncut per retained plant. See Attachment A to this task order for further tree selection specifications.

Maximum stump height of the thinned trees shall no greater than 6 inches. Conifer stumps will be left a horizontally flat as possible with no hinges or wood pieces to facilitate proper placement of Sporax.

Retain a minimum of 5 oaks 12 inches DBH or greater per acre. Retain trees in clumps and leave those that appear to have high acorn production. Retain a natural appearance where possible with residual or leave trees in random patterns with occasional clumps of 3-4 trees per clump. Any trees supporting bird nests and nesting cavities will be left intact.

A sample mark or marks, and additional clarification may be provided by the Forest Service if requested.

Pruning

Level I Treatment Area

The lower branches of all residual trees, taller than 30 feet shall be pruned at the bole or main stem to a height of 10 feet.

All retained oak species shall have all the primary uncut stems pruned to a height of 10 feet. All residual trees less than 30 feet tall shall be pruned to a height no greater than 1/2 of the tree height.

Low hanging, sweeping branches less than ten feet above ground level and connected to the primary tree bole above ten feet shall be cut at an average height of ten feet above ground level. This usually is necessary on trees such as oak species with low sweeping branches.

Level II Treatment Area

SOLICITION #: AG-91T5-S-13-0010 Page 6 of25

The lower branches of all residual trees, taller than 30 feet shall be pruned at the bole or main stem to a heught of 6 feet.

All retained oak species shall have all the primary uncut stems pruned to a height of 6 feet. All residual trees less than 30 feet shall be pruned to a height no greater than ½ of the tree height.

Low hanging, sweeping branches less than 6 feet above ground level and connected to the primary tree bole above 6 feet shall be cut at an average of 6 feet above ground level. This usually is necessary on trees such as oak species with low sweeping branches.

Common to Both Treatment Areas

Tree branches will be pruned to within ¼ of an inch of the bole. Branches will not be flush cut to the bole.

Brush Cutting

Treatment Level I

The live and dead brush cover shall be reduced to an average of 10-30 %. The 10-30 % brush cover will be located randomly over the entire project area and not clumped into one spot. The distance between residual brush islands will be at least 100 feet between islands.

Live and dead shrubs shall be cut and removed from the area beneath the dripline of all residual trees and tree clumps to a distance of 10 foot from the dripline. All brush cut shall be cut below the lowest live branch and have a stump height not greater than 4 inches above ground level or above obstacles.

Treatment Level II

The live and dead brush cover shall be reduced to an average of 30-50%. The 30-50% brush cover will be located randomly over the entire project area and not clumped in one spot. Residual brush cover should not be left within 100 feet of small or isolated stands of trees. The distance between residual brush islands will be at least 100 feet between islands.

Clear all ladder fuels including brush and small trees underneath and within 30 foot of all individual trees or clumps of trees greater than 24 inches in diameter at breast height. That is 30 feet from the dripline of each individual tree or clump of trees. Remove all shrubs from underneath and around each residual tree to a distance of 10 feet from the dripline of each residual tree less than 14 inches in diameter at breast height.

Common to Both Treatment Areas

Willows and other riparian (streamside) vegetation shall not be thinned or pruned, unless, required for safe operations and approved by the Contracting Officer. Shrubs and brush will include those species of Quercus (oaks) that are 3 inches or less in diameter. Preference of retention of shrub species will be oak and manzanita over chamise and other chaparral species.

Shrub/brush treatments will maintain free-form shapes and edges that replicate natural patterns in the surrounding landscape; avoid straight lines.

Slash Treatment

All slash within the 200 feet from the centerline of any road (paved or not), fuelbreak, building, parking lot, or other structure/facility (created and existing slash), including logs, dead brush, and other woody debris less than 3.0 inches in diameter or less resulting from thinning, pruning, brush clearing, and dead tree removal activity shall be chipped.

Residual chipped vegetative debris resulting from Contractor’s operations shall lie flat on the ground and not exceed an average of 2 inches in depth. Individual pieces of vegetative debris shall not exceed 2.0 inches in diameter and 4.0 feet in length and shall lie flat. No chipped material shall accumulate against boles or beneath the dripline of residual trees. Chip depth shall not exceed an average of 2 inches in depth.

All slash, shrubs, cut and downed trees over 3 inches in diameter shall be lopped and bucked to a 3 foot length and spread apart. No piling of this material shall take place. Downed trees shall not stay across each other. They must be separated, lopped and bucked and spread out.

SOLICITION #: AG-91T5-S-13-0010 Page 7 of25

Slash Piles

All slash less than 3 inches in diameter greater than 200 foot from the centerline of any road (paved or not), building, parking lot, or other structure/facility that is not chipped or removed shall be piled. Slash piles shall be free of soil concentrations, constructed in cleared areas in locations and of a size that will not subject leave trees, improvements or other resources to be damage when burned. Piles shall be compact and constructed to promote complete and efficient combustion. Slash piles will be located a minimum of 150 feet away from State Route 2. Piles shall be a minimum size of 6 feet in height and 6 feet in diameter and and a maximum size of 8 feet in height and 12 feet in diameter. All material protruding beyond thirty (30) inches of the pile shall be severed and placed back into the pile. Piling shall be conducted in such a manner that soils are not moved in the process and that sufficient duff and effective ground cover is left over a minimum 50 percent of the area. Forest Service will burn the piles.

Slash piles will not contain material greater than 3 inches in diameter; this is to be lopped and scattered.

Contractor's operations shall not unnecessarily damage retained trees.

Rock outcrops will be left undisturbed and intact except where modification is essential to meet treatment levels.

LOCATION ACCESS

Access routes include State Route 2 and Chilao, FS Road 3N17and FS Road 3N21.

SITE VISIT/PRE-PROPOSAL MEETING

Date: July 8 th

, 2013 @ 9:30AM PS

Location: ANF LARRD 12371 N LITTLE TUJUNGA CANYON ROAD, SAN FERNANDO, CA 91342

COR: Steve Bear 818-899-1900

Note: Please inform COR if you are participating.

CONTRACT TIME

Estimate start work date is August 1, 2012. The contract time will be 365 days. Contract time includes delays for weather; project activity level restrictions; all applicable wildlife limited operating periods; locating and transporting supplies and materials; and final cleanup.

Quality Control

The Contractor shall conduct inspections in accordance with the Quality Control Plan provided to the Contracting Officer.

The Quality Control Plan shall be approved by the Contracting Officer prior to the start of work. The Contracting Officer may implement quality control measures in additional to those provided by the Contractor.

Acceptance

The Contracting Officer will accept only completed work for evaluation. When notified by the Contractor of completed of work, such work will be evaluated for quality against the specification of this task order. The evaluation will include, but is not limited to a review of the quality control measures performed by the Contractor. Additional measures may be implemented by the Contracting Officer including, but not limited to, a 2 percent sample of the completed work using either a plot or transect sampling system. Only work described by the Contractor as completed will be evaluated.

Work is deemed acceptable when final Contracting Officer inspection indicates at least 90% quality achievement of the task order specifications described Section C.

Transportation

Use of any roads, routes or temporary roads by the Contractor under the terms of this task order shall be subject to approval by the Contracting Officer; such approval shall be obtained by the Contractor prior to opening and/or use. When Contractor operations occur adjacent to or on roads and trails open to public travel, a project specific Traffic Control Plan shall be agreed to by the Contractor and the Contracting Officer prior to commencing operations.

All roads and trails will be kept clear from slash, trees, bucked pieces, chips, slash piles and debris. The roads and trails will be cleared of this material before contract personnel leave the project area each day.

SOLICITION #: AG-91T5-S-13-0010 Page 8 of25

Resource Protection Standards

Resource protection measures shall be implemented by the Contractor to protect soils from impacts of erosion, compaction and loss of productivity. Existing soil cover shall be left intact whenever possible; disturbance to the duff layer shall be minimized. As determined by the Contracting Officer, equipment shall not operate when ground conditions are such that excessive soil damage will occur. The Contractor’s activities shall be conducted in a manner to retain the natural ground contour; any mounding of soil material shall be returned to the natural contour. A minimum of 80% of the activity area shall be left in a non-compacted, non-puddled, and/or non displaced condition.

All landings, skid trails and temporary roads shall be approved by the Contracting Officer prior to installation and/or use.

After use, unless otherwise directed by the Contracting Officer, all landings, skid trails and temporary roads shall be sub-soiled; waterbarred and covered with vegetative material including but not limited to slash, chips, cut brush and logs; and closed to vehicle access.

Contractor operations shall be conducted in a manner to prevent debris entering stream courses. The Contractor shall remove debris caused to enter a stream courses that may adversely affect the natural stream flow, water quality, or fishery resource as determined by the Contracting Officer as soon as practicable, but not to exceed 48 hours, in a manner determined by the Contracting Officer. The locations and method of all equipment water course crossing shall require prior approval by the Contracting Officer. Wheeled and /or track laying equipment shall not be operate in water courses except at locations and for reasons approved by the Contracting Officer. National Forest water sources may only be used if approved by the Contracting Officer.

Erosion control measures shall be implemented on all roads, skid trails, landings and temporary roads as directed by the Contracting Officer. Measures shall include but are not limited waterbarring, placement of slash and/or chips, re-contouring, out-sloping and effectively blocking vehicle access. Erosion control measures shall be in place before seasonal periods of precipitation, run-off and prior to all National Weather Service predicted storm events with a greater than 30% chance of precipitation. Water bar size, configuration and locations shall be specified by the Contracting Officer.

The Contractor shall conduct all contract related activities a manner to prevent damage to other resources which includes but is not limited to the following:

Land survey monuments bearing trees, utility poles and lines and underground facilities, water lines, gas lines, ditches, fences, research equipment, gates, traffic counters and animal traps.

The locations of protected and sensitive plant and animal species and their habitat which is located on the task order maps or which may be discovered after contract award.

Historic or prehistoric sites, buildings, objects or properties located on task order maps or discovered after contract award.

Control areas located on the task order maps and/or flagged with orange flagging indicate areas with specific treatment limitations, generally equipment shall be excluded and/or contract activities modified. Discovery of any area or object of a suspected control resource shall be immediately reported to the Contracting Officer.

Noxious Weeds

The spread of noxious weeds will be controlled by the Contractor in the following manner:

The Contractor shall ensure that all off-road equipment is free of soil, seeds, vegetative matter or other debris that could contain of hold plant seeds.

The Contractor shall certify in writing to the Contracting Officer that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to the project area.

The Contractor shall clean off-road equipment prior to moving between units on this project.

The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment will be considered free of soil, seeds and other such debris when a visual inspection discloses no such material.

SOLICITION #: AG-91T5-S-13-0010 Page 9 of25

The Contractor shall notify the Contracting Officer at least 5 days prior to moving each piece of off-road equipment into the project area; notification shall include the most recent location of the equipment to be moved. The Contracting Officer may require that the Contractor’s equipment be presented for inspection before being placed in service. The Contractor’s equipment may be cleaned on the National Forest subject to Contracting Officer approval.

New infestations of noxious weeds shall be promptly reported to the Contracting Officer.

Pollution Control

The Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCP) Plan when total oil and oil products storage exceeds 1320 gallons in containers of 55 gallon or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer. The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor’s employees. The Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup.

The Contractor shall notify the Contracting Officer of any hazardous substances used on the project area and shall have Material Safety Data Sheets available for those materials. All such materials shall be labeled in accordance with Federal and State regulations. The Contractor shall maintain a Hazardous Substance Plan. The plan shall include, but is not limited to, hazardous substances to be used in the project area and the identification of the Contractor Representative responsible for supervising initial containment action for releases and subsequent cleanup.

The Contractor shall notify appropriate agencies, including the Contracting Officer of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags and waste oil in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced.

Plan of Operations

Upon Contracting Officer request, the Contractor shall submit a Plan of Operations related to the specification on this task order including but not limited to the equipment type and size; labor forces; ingress and egress; start date; planned rates of accomplishment; and other details related to the Contractor operations that may be requested by the Contracting Officer.

Pre-work Conference

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer.

Camping

Under the terms of this Contract, camping is not permitted in Forest Service Campgrounds. The Contractor [(x) may ( ) shall not] be permitted to camp elsewhere on the National Forest. Camping on the National Forest is not a right; and shall be subject to approval by the Contracting Officer.

Wet Weather Operations

Contractor operations may be conducted outside the Normal Operating Season subject to certain requirements and Contracting Officer approval. The wet weather /winter season normally begins approximately November 1st and ends approximately May 1st.

Fire Plan and Project Activity Levels

SOLICITION #: AG-91T5-S-13-0010 Page 10 of25

The Contractor operations under the terms and conditions of this contract/task order shall comply with the Fire Plan attached to and made a part of this task order. The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer.

Section E – LIST OF ATTACHMENTS

1. Tree Selection Specification – Attachment A

2. Fire Plan – Attachment B

3. Fire Plan Emergency Agreement – Attachment C

4. Project and Vicinity Map

5. Definitions – Attachment F

6. Injury and Illness Prevention Program Template – Attachment G

7. JHA – Attachment H

8. SCA Wage

Instructions,Conditions, and Notices to Bidders

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Jun 2008)

The RFQ Due date (closing date) for proposal is on or before 12:00 Pacific Time, July 17 th , 2013. Quotes may be submitted via e-mail to: Kathleen Carvajal at kcarvajal@fs.fed.us, Fax # 626-574-5363 or Mail.

DELIVERY OF QUOTATIONS. It is the responsibility of each offeror to ensure that its offer is received at the designated location at or before the closing time for the receipt of proposals in response to this RFQ. Any proposals received after the scheduled closing time will not be accepted or considered for a contract award.

Offerors are cautioned that in no event shall failure to familiarize themselves with the requirements of this solicitation or to resolve ambiguous or inconsistent terms or conditions of this solicitation or proposed contract constitute grounds for a claim of any kind after contract award.

PERIOD OF PERFORMANCE:

Period of Performance: Estimated Start date is the August 1 st , 2013 and shall have 365days for completion of the work.

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS:

The Offeror must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this solicitation including the Requirements Summary. If not noted in this section of your quote, it will be assumed that the offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein.

Evaluation Factors for Award

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:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

mailto:kcarvajal@fs.fed.us

SOLICITION #: AG-91T5-S-13-0010 Page 11 of25

Technical and past performance, when combined, is equal when compared to price.

(End of Provision)

SUBMISSION:

All Offerors are required submit past performance data from AT LEAST 3 BUT NOT MORE THAN 5 of their most recent past performance data from Federal, State and Local Government and private industry contracts from the past three (3) years. Failure to do so will result in offeror being disqualified.

Quotes must be accompanied by a simple technical representation representing your company and personnel performing the work.

Representations, Certifications, and Other Statements of Bidders

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2011)

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 (o) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“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,” as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Coe at 26 U.S.C. 7874.

“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 http://orca.bpn.gov/

SOLICITION #: AG-91T5-S-13-0010 Page 12 of25 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.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(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 http://orca.bpn.gov/

SOLICITION #: AG-91T5-S-13-0010 Page 13 of25 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 (o) 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.]

(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)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: _________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: _____________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) 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.

(9) 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:

(10) [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

SOLICITION #: AG-91T5-S-13-0010 Page 14 of25 disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration , 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)(10)(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:

(11) 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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(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 $150,000.) 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

SOLICITION #: AG-91T5-S-13-0010 Page 15 of25

[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.