Synopsis Soliciation.pdf

(i) This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

(ii) The solicitation number 127EAY21Q0014 is issued as a request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97.

(iv) This is a 100% Small Business Set-aside under NAICS code 238120 Precast Concrete Structure; the small business size standard is $16.5M; the Product/Service code is 5410 Prefab Building.

(v) Multiple sites will be applicable (see attached map and statement of work).

(vi) The Government is seeking to establish a purchase order contract for Prefab Concrete Toilets on the Modoc National Forest. See attached Statement of Work.

(vii) Services include delivery and possible installation (see schedule of items).

(viii) The provision at 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition.

The Government intends to evaluate quotes and offer an award based on the quote submission; therefore, the quote should contain the best terms from a price and technical standpoint. The following are

SUBMISSION REQUIREMENTS:

1) Solicitation Number (127EAY21Q0014)

2) Offers due 10 March 2021 / 1300hrs Pacific Standard Time

3) Contractor name, address, and DUNS number

4) Pricing on the contract statement of work (provide drawings and color choices)

5) Narrative Response to evaluation factors

(ix) 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:

1) Price of building to include delivery (provide drawings and color choices).

2) Price of installation if required.

3) Delivery time frame

4) Specifications of building requested

5) Relevant Past Performance: Past Performance is a measure of the degree to which an offeror has satisfied its customers, complied with contract terms and conditions in addition to applicable laws and regulations. The Government may contact individuals and firms that you have performed services for, to evaluate your experience and past performance record.

(x) Responses shall submit a completed copy of 52.212-3, Offeror Representations and Certifications -- Commercial Items, unless it has an active entity registration with the certifications through the System for Award Management (SAM) website. (www.sam.gov ) http://www.sam.gov/

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm

(xi) The clause at FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS applies to this contract Addenda to this clause are as follows:

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2018), applies to this acquisition with the following clauses checked

52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020).

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

52.222-19, Child Labor - Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C 3332).

52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658.

52.222-62 Paid Sick Leave Under Executive Order 13706.

52.228-5 Insurance-Work on a Government Installation. (JAN 1997) 52.242-15 Stop-Work Order. (AUG 1989) 52.252-2 Clauses incorporated by Reference (Feb 1998).

Provisions:

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.209-7, Information Regarding Responsibility Matters 52.209-12, Certification Regarding Tax Matters 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064275 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062621 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id186IE0DE0Y4 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056889

(xiii) Use of Invoice Processing Platform (IPP) is Required

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website:

https://www.ipp.gov/ index .htm.

(xv) Response Due Date and Contact Information:

Offers are due on 10 March 2021 no later than 1:00 pm. Pacific Daylight Time.

(xvi) Quotations can be emailed to Tod Gohl; tod.gohl@usda.gov by the date and time above. Enter the solicitation number in the subject line of emails.

Point of Contact:

Tod Gohl Purchasing Agent tod.gohl@usda.gov Phone: 530-361-9224 South-west Region, California Service Area #1 Willows, California 95988 http://www.ipp.gov/index.htm

Cedar Pass Campground Toilet Replacement Modoc National Forest

Modoc County

B. SCHEDULE OF ITEMS:

ITEM NO.

DESCRIPTION

UNIT OF

ISSUE

EST.

QTY.

UNIT

PRICE

TOTAL

AMOUNT

1 Precast concrete vault toilet with all needed accessories

EA 2

2 Transportation to Site, including crane for placement

LS 2

OPTION 1 Additional precast vault toilet with all needed accessories

EA 1

Transportation to Site, including crane for placement

LS 1

OPTION 2 Full Installation LS 3

TOTAL:

Background: The Forest Service is seeking to purchase two (2) single-stall pre-cast concrete vault toilets with the option of a third single-stall pre-cast concrete vault toilet. Toilets will be replacing currently installed small, wooden vault toilets. Each new concrete vault toilet will replace a set of two old wooden toilets. See attached specifications document for a list of general characteristics desired for the toilet vault.

C-1 DESCRIPTION OF WORK

A. Manufacture and deliver to the installation site two single-stall pre-cast concrete vault toilets per the attached specifications. Vault toilet should include all accessories for its use. The cost will include a crane and operator to unload and place the vault and toilet structure in the prepared site. The government will perform pumping, demolition, and removal of current toilets before installation of new precast vault toilets.

Option 2: Full Installation (B – F)

B. Excavation

1. Comply with all applicable OSHA Standards for excavation.

2. Excavate for the installation of the toilet vault to a depth that will allow the structure site to be free draining after installation is completed. Allow for a 2” leveling course beneath the toilet vault. Stockpile topsoil in a separate pile at sites.

3. Finish floor elevation will be 4-6 inches above natural grade measured at the front (entrance) of the exterior slab unless otherwise approved by the customer. Ideally, the back of the building should be slightly higher to allow water to freely drain out of the toilet rooms. The contractor will install buildings at these sites with the floor elevation within a plus or minus 0.05 feet of the specified floor elevation.

4. No excavation will be left open more than seven days unless otherwise approved by the customer.

5. All excavations left open overnight will be fenced with wire mesh or plastic mesh fence secured to steel posts all around the excavation.

a. The bottom of the fence will generally follow the contour of the ground.

b. Maximum spacing of the steel posts will be ten feet.

c. Minimum height of the fence will be 36 inches.

C. Backfill and Compaction

1. Compact the natural ground at the bottom of the vault excavation with a minimum of three passes with a whacker-type mechanical compactor or equivalent approved by the customer.

2. Install sand or aggregate bedding material for leveling course if needed. Compact leveling course with one pass with a whacker-type mechanical tamper or equivalent approved by the customer. Grade leveling course so there will be no high spots in the middle of the vault bottom.

Compact with a second pass with a whacker or approved equivalent tamper.

3. Set vault in place and check for level or appropriate scope. Backfill around structure. Use excavated material for backfill except those rocks larger than six inches in maximum dimension shall not be placed within six inches of the exterior vault walls.

4. Fill, adjacent to the building entry, will have excavated material placed in eight inch loose lifts and compacted with a minimum of two passes with a whacker-type mechanical compactor of equivalent approved by the customer.

D. Finish Grading

1. Spread excess excavated material from the vault around structure. Intended final grade is flush with the top of the front slab. Allow for placement of topsoil to reach that grade. Grade backfill away from structure at maximum slope of five (5) percent unless otherwise approved by the customer.

2. Spread stockpiled topsoil as final layer after rough grading is completed. Areas disturbed by excavation, backfilling and stockpiling of excavated materials will be hand raked to remove exposed rocks over one inch in maximum dimension. Oversized rocks removed from the surface shall be disposed of in a designated area within 200 feet of the site.

E. Vault Toilet Riser and Accessories

1. Polyurethane caulk will be applied between toilet riser flange and concrete floor before the toilet riser is installed.

F. Exhaust Pipe Installation

1. After exhaust pipe is installed, seal around pipe at top and underside of roof with polyurethane caulk. Seal around pipe at top of slab will be accomplished by using polyurethane caulk.

C-2 PROJECT LOCATION

Cedar Pass Campground is located on the Warner Mountain Ranger District, Modoc National Forest. Directions from Alturas: Head north on Hwy 299 E for 5.5 miles. Turn right to continue

1 Concrete Vault Toilet Specifications

1.0 SCOPE

This specification covers the construction of a precast concrete vault toilet building.

2.0 SPECIFICATIONS

ASTM C33 Concrete Aggregates ASTM C39 Method of Test for Compressive Strength of Cylindrical

Concrete Specimens ASTM C94 Standard Specification for Ready-Mixed Concrete ASTM C143 Method of Test for Slump of Concrete ASTM C150 Standard Specification for Portland Cement ASTM A185 Standard Specification for Steel Welded Wire

Reinforcement, Plain, or Concrete ASTM C192 Method of Making and Curing Test Specimens in the

Laboratory ASTM C231 Standard Test Method for Air Content of Freshly Mixed

Concrete by the Pressure Method ASTM C309 Standard Specifications for Liquid Membrane-Forming

Compounds for Curing Concrete ASTM C494 Standard Specification for Chemical Admixtures for

Concrete ASTM A615 Standard Specification for Deformed and Plain Carbon-

Steel bars for Concrete Reinforcement ASTM C618 Standard Specification for Coal Fly Ash and Raw or

Calcined Natural Pozzolan for Use in Concrete ASTM C979 Standard Specification for Pigments for Integrally Colored

Concrete ACI 211.1 Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete ACI 306 Cold Weather Concreting ACI 318 Building Code Requirements Structural Concrete and

Commentary (includes Errata) PCI MNL 116 Quality Control for Plants and Production of Precast

Prestressed Concrete Products

SPECIFICATIONS FOR

CONCRETE VAULT TOILET

2 Concrete Vault Toilet Specifications

3.1 MANUFACTURER CRITERIA

The manufacturer supplying the requested precast concrete vault facility must meet the following:

A. Manufacturer must provide stamped, engineered drawings prior to acceptance.

B. Manufacture shall provide a 20 year warranty (see warranty section).

4.1 DESIGN CRITERIA

Calculations and Engineer’s stamped drawings should be made available with the project bid proposal.

A. Roof Snow Load

1. Capable of withstanding a 350 pounds per square foot snow load

B. Floor Load

1. Capable of withstanding a 400 pounds per square foot floor load

C. Wind Load

1. Capable of withstanding the effects of 150 mile per hour (3-second gust) wind exposure C D. Earthquake

1. Capable of withstanding the effects of a seismic design category E earthquake.

E. Additional Design Standards

1. The vault facility must be designed to meet the requirements of the sixty- inch turning radius inside toilet room specified by the American with Disabilities Act Requirements and Uniform Federal Accessibility Standards as of the date of these specifications.

2. The vault facility must incorporate all design aspects of Sweet Smelling Technology as outlined by Briar Cook for the U.S. Forest Service.

3. The vault facility must be an all-concrete design.

4. All wall to floor interior surface seams shall have a minimum 1” radius coving made of high strength grout.

5.1 MATERIALS

A. Concrete - General

The concrete mix design will be designed to ACI 211.1 to produce concrete of good workability.

3 Concrete Vault Toilet Specifications

B. Colored Concrete

1. Any color additives will conform to ASTM C979. A 12”x12”x1” color sample will be available for customer approval.

C. Concrete Reinforcement

1. All reinforcing steel will conform to ASTM A615. All welded wire fabric will conform to ASTM A185.

2. All reinforcement will be new, free of dirt, oil, paint, grease, loose mill scale and loose or thick rust when placed.

3. Details not shown in drawings or specified will be to ACI318.

4. Full lengths of reinforcing steel will be used when possible. When splices are necessary on long runs, splices will be alternated from opposite sides of the components for adjacent steel bars. Lap bars #4 or smaller a minimum of 12”. Lap bars larger than #4 a minimum of 24 bar diameters.

5. Reinforcing bars will be bent cold. No bars partially embedded in concrete will be field bent unless approved by the customer.

D. Sealers and Curing Compounds

1. Curing compounds, if used, will be colorless, complying with

ASTM C309, type I or 1-D.

2. Weatherproofing sealer for exterior of building will be a clear water repellent penetrating sealer.

E. Caulking, Grout, Adhesive and Sealer

1. Interior and exterior joints will be caulked with a paintable polyurethane sealant.

2. Grout will be a non-shrink type and will be painted to match the color of surrounding concrete as nearly as possible.

F. Paint

a. All paints and materials will conform to all Federal specifications.

b. Type of paints for toilets

i. Inside concrete surfaces

1. Interior floors will be a chemical resistant urethane.

The color will be gray.

2. Interior walls and ceilings will be a modified acrylic, water repellent penetrating stain. The color will be white followed by a clear acrylic anti-graffiti sealer.

ii. Exterior concrete surfaces I Exterior slab will be clear sealer II Exterior walls and roof will be a water repellent

4 Concrete Vault Toilet Specifications penetrating stain in the same color as the walls or roof followed by a clear acrylic anti-graffiti sealer

G. Grab bars

Grab bars will have 1-1/2” clearance.

H. Toilet Paper Dispenser

Dispenser will be capable of holding three (3) standard rolls of toilet paper.

I. Steel Doors

1. Doors will be flush panel type 1-3/4” thick, minimum 16 gauge

Galvanized steel, top painted with DTM ALKYD.

2. Door frames will be knockdown or welded type, single rabbet, minimum 16 gauge prime coated steel top painted with DTM ALKYD, width to suit wall thickness. Three (3) rubber door silencers will be provided on latch side of frame.

J. Door Hinges

Door hinges will be 3 per door, 4-1/2”x4-1/2”, adjustable tension, automatic-closing for each door.

K. Lockset

1. Lockset will meet ANSI A156.2 Series 4000, Grade 1 cylindrical lockset for exterior door.

2. Lever handle both inside and out

3. Either handle operates latch unless outside handle is locked by inside push-button.

4. Push-button will automatically release when inside lever handle is turned or door is closed.

5. Emergency slot on exterior so door can be unlocked from the outside with a coin, screwdriver and etc.

6. Inside lever always active.

L. Dead Bolt

Deadbolt will be operable with a standard Forest “Yale” key.

M. Door Sweep

Door sweep will be provided at the bottom of door and will be an adjustable brush type.

5 Concrete Vault Toilet Specifications

N. Wall Vent

Vent to come with insect screen. Cover to be recessed a minimum ¾” on exterior walls.

O. Signs

1. Signs to have raised pictograms, letters and Braille to meet ADA.

2. Interior to have “No Trash in Vault Sign”.

P. Vent Stack

Vent stack to be a minimum 12 inches in diameter and a minimum 3 feet higher than the roof peak.

Q. Vault Liner

The vault liner shall be capable of holding up to 1,000 gallons of waste or 15,000 uses per vault. The vault liner shall be securely attached to the concrete walls of the vault, and capable of preventing moisture from leaking into our out of the vault.

R. Riser

Riser will meet ADA.

6.1 MANUFACTURE

A. Mixing and Delivery of Concrete

Mixing and delivery of concrete will be in accordance with ASTM C94, section 10.6 through 10.9 with the following additions:

1. Aggregate and water will be adjusted to compensate for differences in the saturated surface-dry condition.

B. Placing and Consolidating Concrete

Concrete will be consolidated by the use of mechanical vibrators.

Vibration will be sufficient to accomplish compaction but not to the point that segregation occurs.

C. Finishing Concrete

1. Interior floor and exterior slabs will be floated and troweled.

2. All exterior building walls and exterior screen walls will be any one of the available textures.

6 Concrete Vault Toilet Specifications

D. Cracks and Patching

1. Cracks in concrete components which are judged to affect the structural integrity of the building will be rejected.

2. Small holes, depressions and air voids will be patched with a suitable material. The patch will match the finish and texture of the surrounding surface.

3. Patching will not be allowed on defective areas if the structural integrity of the building is affected.

E. Curing and Hardening Concrete

1. Concrete surfaces will not be allowed to dry out from exposure to hot, dry weather during initial curing period.

7.1 FINISHING AND FABRICATION

A. Structural Joints

1. Wall components will be joined together with two welded plate pairs at each joint.

2. Walls and roof will be joined with weld plates, 3"x6" at each building corner.

3. The joint between the floor slab and walls will be joined with a grout mixture on the inside, a matching colored caulk on the outside and two weld plates 6” long per wall.

B. Painting/Staining

1. An appropriate curing time will be allowed before paint is applied to concrete.

2. Some applications may require acid etching. A 30% solution of hydrochloric acid will be used, flushed with water and allowed to thoroughly air dry.

3. All surface voids to be filled prior to painting

4. Schedule of finishes

a. Inside concrete surfaces I Inside floors will be 1 coat of 1-part water based chemical resistant urethane.

II Interior walls and ceilings will be 2 coats of a modified acrylic, water repellent penetrating stain, followed by 1 coat of clear sealer.

b. Metal surfaces both inside and out I 2 coats of DTM ALKYD

c. Exterior concrete surfaces

7 Concrete Vault Toilet Specifications

I Exterior walls will be 2 coats of water repellent penetrating stain in the same color as the walls or roof followed by 1 coat of clear acrylic anti-graffiti sealer.

8.1 TESTING

The following tests will be performed on concrete used in the manufacture of toilets.

1. The air content of the concrete will be checked per ASTM C231 on the first batch of concrete. The air content will be in the range of 5.0% +/- 2.0%.

2. The compressive strength of the cylinders will be tested to ASTM C39. Concrete test cylinders will be tested at release, at 7-days and at 28-days. The release must be a minimum strength of 2500 psi, the 7-day must be a minimum of 4500 psi and the 28- day must be a minimum of 5000 psi.

3. A copy of all test reports will be available to the customer as soon as 28-day test results are available.

9.1 WARRANTY

Provide a warranty against defects in material or workmanship for a period of twenty (20) years on all concrete components. All other non-concrete components will carry a one (1) year warranty.

This warranty shall not apply to:

1. Any goods which have been repaired or altered without the manufacturer’s express written consent.

2. To any goods which have been subject to misuse, negligence, acts of God or accidents or

3. To any goods which have not been installed to manufacturer’s specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed.

on Hwy 299 E for another 9.5 miles. Cedar Pass Campground will be on the right. Entrance is located near Modoc National Forest sign.

G-3 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Item No. Description Qty Location Date Available 1 Gravel for compaction 3 Yd per toilet On Site

NOTE: The government does not guarantee quality or quantity of this material.

OF

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THOMS CREEK

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THOMS CREEK

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HIGHWAY 299

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HIGHWAY 299

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TOILETS

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TOILETS

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TOILETS

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CALTRANS WAREHOUSE

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MAIN INGRESS/EGRESS

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EMERGENCY EXIT

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FOREST BOUNDARY

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CHECKED:

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DESIGN:

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DATE

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DATE

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PROJECT NAME

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SECTION

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REVISION DATE

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SHEET

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DRAWING NO.

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TYPICAL ID

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CEDAR PASS CAMPGROUND - PLAN VIEW

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CEDAR PASS CAMPGROUND

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ROXANNE REIMER

AutoCAD SHX Text 02/01/2021

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BASE CONTRACT: REPLACE WITH ONE PRECAST CONCRETE VAULT TOILET

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BASE CONTRACT: REPLACE WITH ONE PRECAST CONCRETE VAULT TOILET

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OPTION 1: REPLACE WITH ONE PRECAST CONCRETE VAULT TOILET

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Response Form

EXPERIENCE AND PAST PERFORMANCE QUESTIONNAIRE

Instructions: Please use spaces below to respond to evaluation criteria. Additional or supplementary pages may also be submitted. Please list N/A for inapplicable items.

1. Quoter's Name, Address, Email, Telephone Number & DUNS Number 2. Type of Business Name: ____ Company

____ Corporation ____ Partnership ____ Individual / Sole Proprietor / Owner- Operator

Address:

Email:

Telephone:

DUNS #:

Relevant Experience of Service Provider(s):

Past Performance References:

Reference Name and Company / Agency

Reference Contact Phone Number

Description of Services Performed

Have you ever failed to complete any work awarded to you in the time required __ YES __ NO If "yes", please specify contract and reason(s):

Location where services were provided:

Any other comments (optional) – Attach other pages as necessary if you need more room.

CERTIFICATION: Submission of this form with the quote certifies that all of the statements made above are complete and correct to the best of your knowledge and that any persons named as references are authorized to provide the Forest Service with past performance information needed to verify my capability to perform this project.

2 - Section 2 4 - Section 4

2 - Section 2

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-12 Certification Regarding Tax Matters. (OCT 2020)

52.212-1 Instructions to Offerors - Commercial Items. (JUN 2020)

52.212-3 Offeror Representations and Certifications-Commercial Items. (FEB 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

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

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

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

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

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

(6) Have been voluntarily suspended.

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-

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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 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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract will 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 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.

(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 represents 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 for each WOSB concern eligible under the WOSB Program participating in the joint venture. (The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

_____________________________________.) Each WOSB concern eligible under the WOSB Program 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, 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 for each EDWOSB concern participating in the joint venture. (The offeror shall enter the name or names of the EDWOSB concern and other small businesses 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.

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

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

(1)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. _____________________________________________

Country of origin _________________________________________

[List as necessary]

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

(g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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-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, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Line item No. Country of origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-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.

Other Foreign End Products:

Line item No. ______________________________

Country of origin __________________________

[List as necessary]

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

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

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

Canadian End Products:

Line item No.____________________________

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II.