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FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 01, 2016 FBO #5243
SOLICITATION NOTICE

F -- Penman Mark and Cruise

Notice Date: 3/30/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 115310 — Support Activities for Forestry
Contracting Office: Department of Agriculture, Forest Service, R-5, Central CA Acquisitions Service Area, Tahoe N.F., 631 Coyote Street, Nevada City, California, 95959-2250, United States
ZIP Code: 95959-2250
Solicitation Number: AG-9JGP-S-16-0060
Archive Date: 4/30/2016
Point of Contact: OLaine T. Martinez, Phone: 5304786823
E-Mail Address: tracymartinez@fs.fed.us
(tracymartinez@fs.fed.us)
Small Business Set-Aside: Total Small Business
Description: Combined Solicitation & Synopsis AG-9JGP-S-16-0060 The Department of Agriculture, US Forest Service, Central California Acquisition Services Area, Plumas National Forest requires services for Marking and Cruising Timber on 762 Acres on the Beckwourth Ranger District. This is a combined / solicitation for commercial items 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; quotes are being requested and a written solicitation will not be issued. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://acquisition.gov/far. This is solicitation no.AG-9JGP-S-16-0060, a Request for Quotations (RFQ) and is a 100% Total Small Business Set-Aside. The NAICS code is 115310 Support Activities for Forestry. The size requirement for this NAICS code is $7.5 million. The government intends to award a Firm Fixed Price Contract. Closing date of Solicitation is: April 15, 2016. Projected Award Date is: April 19, 2016 B.1Sawtimber Marking and Cruising 762 Acres: $______________ Biomass Cruising 762 Acres: $ _______________ Total: $ _______________ AS PER THE GENERAL SPECIFICATIONS IN ATTACHMENT 1 AND THE FOLLOWING ADDITIONAL REQUIREMENTS: Contractor Responsibility: Except as otherwise specified under 1.2 and 1.4, the contractor shall furnish the necessary personnel, supplies and transportation to perform the services and insure that the designated areas present a clean, healthy, orderly and well-kept appearance. Estimated Start Date & Contract Time: Date/Time Start April 25, 2016 Contract Time 90 Days Licenses & Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents). Other: Worker's Compensation Insurance: The Contactor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance. B.2 Definitions: DESCRIPTION OF WORK: The purpose of this task order is to secure timber marking and cruising on the Beckwourth Ranger District of the Plumas National Forest located in Blairsden, CA. This contract will involve two primary items: 1. SAWTIMBER MARKING and CRUISING - This item is for units 9, 9A, 9B, 13, 44, 47, 48, 75, 76, 77, 84, 94, 95, 44A, and 108. This item will utilize a Cut Tree Mark (CTM) and cruise of sawtimber material, which includes trees 11.0"-29.9" Diameter at Breast Height (DBH) on ~762 ac. 2. BIOMASS CRUISING - This item is for units 9, 9A, 9B, 13, 44, 47, 48, 75, 76, 77, 84, 94, 95, 44A, and 108. This item will cruise biomass trees from 3.0"- 10.9" DBH on ~762 ac. All conifers designated with white paint will be leave trees. Tracer paint will be given weekly and amount needed will be estimated by the Contractor. All acreages have been GPS'd and a contract map 2 of 2 will be provided to the contractor with areas of "flag and avoid" for cultural, hydrological, and botanical locations. All thinning unit boundaries have been previously painted with orange tracer paint and flagged with orange boundary tags and flagged with blue ribbon. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, materials, services, and any incidentals necessary to perform the work in accordance with the attached specifications. 2. PROJECT LOCATIONS: The Penman MP Thin Project is located on the Beckwourth Ranger District, Plumas National Forest, ~3.3 miles west of the town of Portola, CA and is located in all or portions of T23N, R12E, S25 and 36; T23N, R13E, S30-32; T22N, R13E, S5. Mt. Diablo Meridian. 3. SPECIFIC WORK REQUIREMENT: This task order consists of approximately 762 acres of sawtimber marking and cruising and biomass cruising. Contractor shall document paint batch numbers used in each unit and complete unit summary sheets on information specific to each unit (See Appendix). 3.1 Sawtimber Marking and Cruising and Biomass Cruising. The objective of the cruise design is to design a cruise that is efficient and cost effective and will meet or exceed all of the design requirements as described in the following documents. USDA Forest Service Timber Cruising Handbook (FSH 2409.12, Ch. 10, 20, 30 and 40) and all applicable Region 5 Supplements and the Plumas National Forest Timber Theft Detection and Prevention Plan. Silviculture prescription for each unit will be provided to the Contractor (See Appendix for sample silviculture prescription). All units have been flagged in blue ribbon with orange boundary signs and orange painted boundaries. The contractor shall design a timber cruise that meets USFS approval for marking and cruising of sawtimber and biomass within the 762 acre Penman MP Thin project. The cruise will be cruisied in cubic feet and will meet or exceed USFS Region 5 tree measurement standard. The maximum sawlog sampling error for this sale (95 Percent Confidence Level- t-value of 2) is 10%. The biomass cruise will have a sampling error of 25%. Refer to USFS Timber Cruising Handbook 2409.12 Chapter 30 and 40. Regional direction effective 8/30/2012 (2409.12 chap. 40) states "that for sawlog cruises, each major species or species group shall have at least 20 measured trees. A major species is defined as one that comprises 10% or more of the sale value. The contract shall provide data collection equipment that is capable of running FS Cruiser Version 2. Contract shall use Version 2 dated 2015.03.10 or later for this project. Contract shall provide USFS with a final processed cruise.cruisefile. free of errors, using cruise processor version dated 2015.10.23 or later. FS Cruiser Version 2 and Cruise Processor Version 2 software is available for download at http://www.fs.fed.us/fmsc/measure/cruising/index.shtml. Minimum Utilizable Top Diameter (MUTD) will be 6 inches for all conifers 10.0 to 20.0 inches DBH, and for conifers larger than 20.0 inches DBH the MUTD will need to be calculated. The Average Scaling Cull (ASC) will need to be calculated and entered in to the final.cruise file. Final inspection will involve a USFS check cruise. Final inspection will involve a USFS check cruise. A check cruise will be conducted by the USFS Quality Control Group and must pass with 80 percent for each element and 85 percent overall or better. Check cruise that does not pass with 85 percent or better will need to be re-cruised at the contractor's expense. Refer to USFS Timber Cruising Handbook 2409.12 Chapter 60 for specific requirements. Final check cruise will be completed within 10 business days of receiving written request form contractor. This sale will utilize a cut tree mark for sawtimber 11.0 to 29.9 inches DBH. All marked trees will be designated by a 3"-4" wide paint stripe completely encircling the tree at DBH. Two painted stump marks shall be placed in the furrows of the bark at ground level, one mark on the downhill side and one on the uphill side of the tree. The minimum stump mark dimension will be 3 inches by 4 inches or easily visible from a distance of 30 feet. Blue tracer paint will be used for this sale. Each timber cruiser/timber marker is required to have their own personalize butt mark which is required on the uphill side. Stream courses will be identified on the contract area map with corresponding buffer distances. No timber marking will occur within these buffers. Control areas will be identified on contract map 2 of 2 and will be given to the contractor at the time of contract award. If additional stream courses or archeological sites are located during contract implementation, contractor is to notify Contracting Officers Representative (COR) as soon as possible. When utilizing a tree based cruise method, cruise trees will be designated/numbered with blue aerosol tracer paint. All cruise trees will be designated by two blue tracer paint stripes encircling the tree at DBH, cruise tree number and cruiser's initials. All cruise trees will be well flagged with red/white polka dot ribbon. All cruise trees will be located on a unit map as accurately as possible and GPS'd. When utilizing an area based cruise for sawtimber and biomass, cruise plots shall be GPS'd and designated on the ground with tracer paint and an orange pin flag indicating plot number, cruisers initials and cruising date written on the flag along with hanging two white attention flags over or near the plot center. Biomass cruise/measure trees shall be painted near DBH with blue aerosol tracer paint facing plot center. Refer to USFS Timber Cruising Handbook 2409.12 Chapter 50 for area base determination. Use Timber Cruising Handbook R5 Supplement Chapter 10, 2409.12-2011-1, 14.12d guidelines that apply to Eastside forests for determining taper. For incense-cedar, use taper of 4 inches per 8 feet of length. All other species use taper of 2 inches for 8 feet of length. Use cruiser's judgment and document it. 3.2 Marking Guidelines/Silviculture Prescription See item 10 for sample silviculture prescriptions. Final prescriptions will be very similar to sample prescriptions utilizing a Variable Density Thinning (VDT) approach for mixed conifer and pine dominated stands. 3.2 Paint Security The Contracting Officer's Representative (COR), or inspectors, shall provide boundary marking paint containing registered tracer(s). Tree marking paint is USDA Forest Service accountable property and shall be kept secured at all times. Access to paint shall be limited to the Contractor and/or designated representative. All Government-issued paint, aerosol and quarts, shall be securely locked when stored or transported in a vehicle. Paint shall be removed from any vehicle when someone uses the vehicle other than the Contractor or designated representative to whom the tracer paint was issued. The Forest Service may inspect Contractor's security of paint and accountability records at any time. The Contractor shall notify the Government of the quantity of paint needed each week prior to commencing work. The paint needed for one week at a time will be transferred only to the Contractor, or designated representative at the designated US Forest Service office during normal business hours. The Contractor shall maintain a daily inventory of all paint cans. All cans received, used, and returned by the Contractor must be accounted for. The inventory will be signed and submitted to the COR on a weekly basis. All aerosol paint cans will be returned to the Forest Service with all propellant out of the can for drying purposes. All empty quart paint cans will be returned to the Forest Service on a weekly basis, emptied and dribble for drying purposes. Failure to maintain adequate safeguards and security over the paint, or loss of tracer paint, will result in a law enforcement investigation and/or may result in Contractor liability for damages (i.e. fine $1500.00 per can and up), and/or default of the contract. 4. COMMENCEMENT PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than July 27, 2016. The time stated for completion shall include final data package consisting of a complete FS Version 2.cruise data file, complete with biomass cruise data and sawtimber cruise data, GPS cruise tree/plot data, MUTD and ASC entered, all paper copies and Contract Map 2 of 2. Work is estimated to begin April 25, 2016. 5. CONTRACTOR FURNISHED CRITICAL ITEMS: The Contractor shall provide all labor, housing, supervision, transportation, tools, and material (except Government-furnished Property) necessary to perform the requirements of the contract. Specifically, but not necessarily inclusive, the Contractor shall furnish: 1. Compass with azimuth settings calibrated in 2-degree increments, set to local declination. 2. Clinometers or other device enabling one to measure slope in percent and/or tree height. 3. Diameter tape/loggers tape for measuring tree diameter to the nearest tenth of an inch and calculating slope distance. 4. GPS unit, capable of receiving GIS datafiles and collecting data points. 5. A field data recorder capable of running FS Cruiser Version 2, and keeping the data secure. 6. Red and white polka dot and white ribbon. 7. Orange wire pin flags for plot centers. 8. Paint marking guns capable of utilizing quart size paint cans. 6. GOVERNMENT FURNISHED PROPERTY: The Government will deliver to the Contractor the following listed materials, supplies, property, and/or services (hereinafter referred to as "Government-furnished property"). The Contractor shall be liable for all loss or damage of such Government-furnished property until completion and final acceptance of all work required under the contract. The Contractor shall sign a Transfer of Government property receipt upon acceptance of Government-furnished property. All Government-furnished property will be available at the pre-work meeting. Description Location Remarks Tracer Paint Beckwourth Ranger District, Blairsden, CA Issued on a pre-scheduled basis once a week from the Beckwourth Ranger District during normal business hours M- F, 8-4:30. Project Aerial Photo Copies Beckwourth Ranger District, Blairsden, CA Available at Pre-work USGS quad map of Project Area Beckwourth Ranger District, Blairsden, CA Available at Pre-work GIS layers Beckwourth Ranger District, Blairsden, CA Available at Pre-work Timber Cruising Handbook, 2409.12 Chapters 10-60 Beckwourth Ranger District, Blairsden, CA Available at Pre-work 7. Work Timing The Contractor shall begin work within ___5_______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame: Item No. Estimated Start Work Date Contract Time (Calendar Days) 1 April 25 90 days 2 April 25 90 days Failure to begin work on schedule will make the contract subject to immediate termination for default. Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one sub-item before proceeding to another. If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently. 8. Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time. 9. Inspection and Acceptance FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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): www.acquisition.gov/far/ FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.246-4 Inspection of Services--Fixed-Price (AUG 1996) 10. QUALITY CONTROL PLAN - The Contractor shall conduct inspections on all units in accordance with his/her Quality Control Plan (QCP). The Contractor's Quality Control Plan shall be submitted and accepted by the Government prior to any work starting. 11. GOVERNMENT INSPECTIONS Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request. Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government. Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least four working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor. Final inspection will involve a USFS check cruise. A check cruise will be conducted by the USFS Quality Control Group and must pass with 80 percent for each element and 85 percent overall or better. Check cruise that does not pass with 85 percent or better will need to be re-cruised at the contractor's expense. Refer to USFS Timber Cruising Handbook 2409.12 Chapter 60 for specific requirements. Final check cruise will be completed within 10 business days of receiving written request form contractor. Disputed Inspection. The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request. The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent. If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used. If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection. Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final. 12. Sampling (Government's inspection system) Plots. At least one percent of each treatment area (unit) will be sampled by a random series of plots distributed over the entire area. Plot size will be: 20 BAF variable plots 13. Specific Inspection Procedures Compliance Inspections for Timber Marking A. Walk-throughs: Compliance inspections shall be held throughout the performance of the contract. Inspections may be in the form of "walk-throughs" to visually confirm the proper application of the contract specifications. The Government reserves the right to perform formal inspections for verification of compliance to contract specifications. B. Formal Inspections: The Government will inspect marking to determine compliance with specifications. Formal inspection plots will be located randomly throughout each unit to obtain at least a 1% sample of the area marked. Each inspection plot will use a 20 BAF variable radius plot and will determine the following: A=Total number of trees marked B=Number of trees marked that do not meet the marking guidelines. C=Number of trees not marked that meet the marking guidelines. Contract compliance for each unit will be calculated as follows: (A-B) X 100= % COMPLIANCE (A+C) Stump Marks: Any plot that contains one or more marked trees without a proper stump mark will cause that plot to fail. If three or more plots in a unit fail due to improper stump marks, that unit will be remarked at no additional cost to the Government. Attention marks: Any live tree in a plot that is marked with a paint band <2" in width will be considered an unmarked tree, and recorded as such during inspections. Inspection results for each unit will stand on their own, and will not be combined with the results from any other unit. Upper limit DBH: Any tree over 30.0" DBH in a plot or anywhere in the unit that is marked for cut, will result in automatic rework of the unit. 14. Acceptance 14-a. Acceptance Level Work on this contract will be deemed acceptable when: For all units, determination of acceptability of the work performed will be based on the Government inspections and shall be considered conclusive except as otherwise provided in the Contract. The inspection results of each unit will not be averaged with the results of any other unit. The Contractor or a designated representative is encouraged to observe inspections while they are underway. 15. Quality Assurance Plan Acceptance of Timber Marking: For all units, the Government will inform the Contractor or a designated representative of marking inspection results with 2 working days of completion. Unacceptable work will not be accepted and shall be corrected by the Contractor at no additional cost to the Government. The contractor shall complete all corrections of unacceptable work within 10 calendar days following notification of unacceptable work. Unless otherwise agreed, each unit shall be at a satisfactory level of acceptance before the Contractor can start marking another unit. Payment for marking work completed will be based on the following inspection results: Inspection score % payment 90 -100% 100% 89 98 88 96 87 94 86 92 85 90 84 88 83 86 82 84 81 82 80 80 <80% = UNACCEPTABLE. 16. Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer. Notice to Proceed. No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed. 17. Measurement Methods of Measurement: Acreage was measured on a horizontal plane using a Global Positioning System Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities. 18. Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below: Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent. 19. Liquidated Damages Liquidated damages will be charged as follows: Crop trees found to have been damaged or removed by the Contractor's operations will be assessed to the Contractor at the rate of $5.00 per seedling. 20.Contract Release. The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15). Invoices. Payment will be made from Contractor's invoice submitted through The Invoice Processing Platform (IPP). RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments: The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. "Behind schedule" means that the percentage of work completed is less than the percentage of time used. 21. Emergencies Fire Plan See Section J, Fire Plan Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J): Silviculture Projects - 70 meters around the perimeter of the unit being worked in 22. Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language. 23. Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved. 24. Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences. 25. Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer. 26. Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. "Off-road equipment" includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use. Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection. If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds. 27. LIST OF ATTACHMENTS The following attachments are made a part of this solicitation and any resultant contract and are included below. Title Pages Penman MP Thin Silviculture Prescription Attachment 1 5 Penman MP Thin Unit Summary Table Attachment 2 1 Penman MP Thin Unit Summary Sheet Attachment 3 1 Penman MP Thin Map (Separately attached) Attachment 4 1 Fire Plan Attachment 5 9 SCA Wage Determination Attachment 6 4 C. PERSCRIPTIONS SAMPLE Penman MP Thin Marking Guidelines/Perscription SAMPLE SILVICULTURAL Rx Forest: Plumas District: Beckwourth NEPA Project: Penman Project Name: Penman MP Thin Acres: Rx1: Rx2: Est.MBF: Resource Allocation: Non-WUI Objectives: Fuels/Forest Health - Topographic Influences Stand Number: Forest Types: SMC3/4M Post Treatment: Site Index: FSS III Rx Logging Method: Ground Based - Whole Tree Cutting Method: Mechanical Harvester Prepared By: PRC Soil Types: Waca-Woodseye families complex 0 - 30% slopes SE/BA: Date: 9/16/2015 Stand Prescriptions: Rx2 - Variable Density Thinning (VDT) Rx3- Pine Conversion/Maintenance Existing Conditions: Species composition: white fir, Jeffrey pine, Douglas-fir, sugar pine and incense cedar. Existing basal generally ranges from 150ft2/ac - 300ft2/ac. A mosaic; clumps/groups of various sizes, some dominated by small trees (11.0"-24.0" dbh), pole trees (6.0"-11.0" dbh) with pockets of sapling size regeneration. Majority of unit previously harvested, those areas treated more intensely now dominated by incense cedar saplings and white fir poles. Pockets of heavy white fir fuel loading are present, the appearance of a major wind event/down burst. Dwarf mistletoe infected white fir and Jeffrey pine can be found within the stand to varying degrees (isolated pockets). Also, scattered white fir has dead/spiked tops. Skid trails from previous entries are present. Slope is approximately 10-25% with more steep areas (30-35%) top slope and <10% lower slope. Portion of unit precommercial thinned with slash piles, some of which have been burned. Desired Post Harvest Conditions Rx1: Stand dominated by a mixture of tree species. Stand structure resembles a VDT approach with "skips" and "gaps". Residual basal area and associated canopy covers within the matrix should range from 110ft2/ac (30% CC) to 200ft2/ac (50%) with a stand average of 145ft2/ac (40% CC). Skips and gaps range from 1/10 (37.2' radius) to 1/2 (83.3' radius) acre in size but generally average less than 1/4 (58.9' radius). Rx2: - Stand dominated by shade intolerant conifers with slight species mix. Vertical structure is variable. Average stand basal area ranging from 70-80ft2/ac. Marking Guidelines: Rx1: VDT - Canopy cover restrictions apply. Average canopy cover, measured across the stand, should be approximately 40-50%. Skips will have higher canopy closure and gaps minimal if any canopy closure. Trees ≥ 6.0" DBH contribute to canopy cover. Canopy cover is measured at the stand level where canopy closure is measured at the plot level. Merchantable Sawlog Trees: (a majority of cut trees will be on the lower end of small tree size class (11.0 -24.0" dbh) a. Cut tree mark - Mark conifers > 11.0" dbh to 29.9" dbh for removal. b. Retain all trees > 30" c. Species preference for residual trees are shade intolerant species. i. Preference order: sugar pine, ponderosa/Jeffrey pine, Douglas-fir, incense cedar, white fir. ii. Leave all sugar pine unless exhibiting signs of white pine blister rust infection (spiked tops, flagging branches) or exhibiting signs of very low vigor (poor needle retention)/suppressed. iii. Mark all trees up to 15.0" DBH with a DMR of 3 or greater. d. Gaps: Expand existing gaps/openings or create gaps where they are lacking. i. Gaps should occur approximately 1 every 2 acres and range in size from 1/10th -1/4 of an acre. If possible place gaps where there is a lack of pine or adjacent to legacy radial thinning (see 6a). Approximately 8 acres should be in gaps. ii. Gaps may be expanded by connecting two smaller openings or removing trees along the perimeter of existing smaller gaps. iii. Do not expand gaps currently dominated by shade tolerant conifers or brush. iv. Gaps may also be expanded where healthy shade intolerant tree regeneration occurs. e. Skips: Areas where minimal thinning occurs, primarily removal of ladder fuels. Maintain high canopy closure (50%+), skips should primarily be comprised of dominant and codominant trees. i. Skips range in size from 1/10th - 1/4 of an acre and occur 1 every 2 acres. Residual basal area in skips should be high enough to maintain high canopy closure. It is desirable for some trees to have interlocking crowns. Approximately 8 acres should be allocated to skips. ii. Desirable locations for skips include: 1. Encompassing existing snags. 2. around live trees exhibiting wildlife characteristic (large spike topped trees, defect trees). 3. Cold air drainages 4. Surrounding seeps/springs. f. Legacy Trees/Structures: Large shade intolerant, fire resistant tree species (SP/PP/JP ≥30" dbh). i. Where legacy trees (individuals/groups) are primarily surrounded by biomass size trees (ladder fuels) with an occasional tree <16" dbh, radial thin by marking all trees (including biomass) within approximately 45-50' from bole of legacy tree(s). If area is lacking desired openings, radial thinning may be increased on south side and be considered a "gap" feature (follow gap size guidelines under 4a). ii. Where legacy tree(s) are adjacent to or grouped with larger (trees >16" dbh) shade intolerant to intermediate shade tolerant trees (SP/PP/JP/DF), mark all trees considered ladder fuels (generally trees up to 16" dbh, including biomass) within approximately 45-50' from bole of perimeter trees. Larger trees may be taken, dependent on species (discriminate against white fir/incense cedar), crown base height and slope position of trees to be left. These structures may be considered "skips". iii. Where legacy trees are lacking recruit future healthy legacy trees from the dominant size class and mark accordingly. Recruit one per acre. Only recruit healthy trees, no healthy trees are present, disregard. Recruit shade intolerant tree species (PP,JP,SP) and Douglas-fir. g. Matrix: Area between skips and gaps. i. Thin matrix to a residual basal area ranging from 110ft2/ac to 200ft2/ac, averaging approximately 145ft2/ac within the matrix. Canopy cover across the stand should average 40-50%. ii. Concentrate on removing diseased, poor formed, suppressed, intermediate and some codominant trees. Less desirable tree species should be retained if healthier and more vigorous than more desirable tree species. iii. With existing scattered openings throughout, it may be necessary to retain a higher residual basal area to achieve a canopy cover average of 40%. h. Retain all trees with signs of wildlife habitation (visible nests, active cavities). Biomass Trees (3"-10.9" dbh): 1. Leave tree mark (white paint) remaining biomass mass size trees (outside of legacy structures) to an average 20' spacing. Where existing structure allows, leave groups of trees (2-3 trees spaced 10' apart). Think of these groups as individuals and space 20' to the next individual or group. 2. Vary spacing 25% (+/-5') to leave the healthiest preferred trees. 3. Discriminate against incense cedar and white fir. 4. Do not mark trees 6.0" DBH or less infected with DMT. 5. Do not mark trees greater than 6.0"-10.9" DBH with a DMT rating of 3-6. 6. Mark all sugar pine unless showing visible signs of white pine blister rust or if overtopped/suppressed. 7. Do not mark trees with a dead top. 8. Use all residual trees towards spacing. Rx2: Pine Conversion/Maintenance (No Canopy Cover Restrictions) Merchantable Sawlog Trees: 1. Cut tree mark - Mark conifers > 11.0" dbh to 29.9" dbh for removal. 2. Retain all trees > 30" 3. Species preference for residual trees are shade intolerant species. a. Preference order: sugar pine, ponderosa/Jeffrey pine, Douglas-fir, incense cedar, white fir. b. Leave all sugar pine unless exhibiting signs of white pine blister rust infection. Retain Douglas-fir as a component to maintain species diversity. Discriminate against white fir and incense cedar. c. Less desirable tree species should be retained if healthier and more vigorous than more desirable tree species. 4. Concentrate on removing diseased, suppressed, intermediate and some codominant trees. 5. Radial thin around legacy trees/structures - large shade intolerant species (SP/PP/JP ≥30" dbh). These may occur as individuals or in small groups. a. Radial thin by marking all trees considered ladder fuels (generally trees up to 16.0" DBH) including biomass size trees. b. Discriminate against larger (16.0 - 29.9" DBH) shade intolerant species (white fir, incense cedar). c. Larger codominant and dominant shade intolerant species may be taken to improve residual spacing (increase available sunlight, growing space, etc..). d. Use a radius, measured from the tree bole, of approximately 45-50'. e. Where legacy trees are lacking recruit future legacy trees, one per acre, from the dominant size class and mark accordingly. Only recruit healthy trees, if no healthy trees are present disregard. Recruit shade intolerant tree species (PP,JP,SP) and Douglas-fir. 6. Residual basal area will vary. Mark ridges to a residual basal area of 50-60ft2/ac and the remaining stand to 60-90ft2/ac, averaging approximately 80ft2/ac across. 7. Retain trees with signs of wildlife habitation (visible nests, active cavities, etc.). Biomass Trees (3"-10.9" dbh): 1. Leave tree mark (white paint) biomass mass size trees to an average 35' spacing using residual sawlog trees towards spacing. Where existing structure allows, leave groups of trees (2-3 trees spaced 10' apart). Think of these groups as individuals and space 35' to the next individual or group. 2. Vary spacing 25% (+/-9') to leave the healthiest preferred trees. 3. Do not mark trees 6.0" DBH or less infected with DMT. 4. Do not mark trees 6.0 - 10.9" DBH with a DMT rating of 3-6. 5. Mark all sugar pine unless showing visible signs of white pine blister rust. 6. Discriminate against shade tolerant species. 7. Use all residual trees towards spacing. Snags: 1. Retain all snags (>15"dbh and ≥20' tall) per acre where available unless considered a hazard or if safety is deemed an issue during marking or logging operations. 2. Where snags are lacking retain at least 4 of the largest green trees for snag recruitment. Use large dominant or codominant trees with desirable wildlife characteristics such as forks, broken tops, existing cavities, basal scars and/or evidence of rot. 3. Retain all trees marked with white paint. Constraints/Considerations: 1. There are no LOPs. 2. RCA(s) are present within the unit. 3. No heritage concerns. 4. Protect monuments within the unit (witness trees and some surrounding trees painted red, signed or both). SAMPLE Penman MP Thin Marking Guidelines/Perscription SAMPLE SILVICULTURAL Rx Forest: Plumas District: Beckwourth NEPA Project: Penman Project Name: Penman MP Thin Acres: Est.MBF: Resource Allocation: Non-WUI Objectives: Fuels/Forest Health Stand Number: Forest Types: SMC4M Post Treatment: Underburn Site Index: FSS III Rx Logging Method: Ground Based - Whole Tree Cutting Method: Mechanical Harvester Prepared By: PRC Soil Types: Bonta-Toiyabe families complex, 2 to 30 percent slopes SE/BA: Date: 12/10/2015 Stand Prescriptions: Rx1 Pine Rx and Rx4 VDT and Pine Existing Conditions: Single story stand dominated by ponderosa pine/Jeffrey pine small trees (11"-24" dbh) with scattered incense cedar. Existing basal area ranges from 140ft2 - 220ft2/ac. Southeast corner of unit primarily biomass size trees with an occasional small tree. Stand lacks existing legacy trees. Desired Post Harvest Conditions Stand dominated by shade intolerant conifers. Canopy fuel continuity is broken both horizontally and vertically to reduce the potential for crown fire initiation and spread. Secondly, canopy base height is at minimum 15-25 feet to prevent or decrease the likelihood of tree torching and crown fire initiation. Reduced stand densities to promote tree vigor and growth (increased resistance to bark beetles) and stand structure is a mosaic of open gaps, groups of trees and scattered individuals. Basal area ranges from 50ft2/ac to 100 ft2/ac. Marking Guidelines: Merchantable Sawlog Trees: 1. Leave Tree Mark (LTM) - Mark conifers > 11.0" dbh to 29.9" dbh for retention. 2. Retain all trees > 30" 3. Species preference for residual trees are shade intolerant species. a. Preference order: ponderosa/Jeffrey pine, incense cedar. b. Retain some incense cedar as a component of stand. 4. Concentrate on removing diseased, suppressed, intermediate and some codominant trees. a. Do not leave trees with a Dwarf Mistletoe Rating (DMR) of 3 or greater. 5. Leave a residual basal area range of 50-100ft2/ac, averaging across the stand approximately 80ft2/ac. Vary spacing, leave groups of trees 1/10 (37.2' radius with 6-7 residual trees) to 1/4 (58.9' radius with 9-15 residual trees) of an acre in size and scattered individuals to meet residual basal area requirements (See Figure 1). Vary leave group shape, include linear leave groups. Table 1. Approximate distribution for 1/10th acre residual groups with varying average residual tree diameter. Residual BA Trees Per Group Spacing Within Group Groups Per Acre 50ft2/ac 8-9 (14"dbh) +/- 25' 4-5 80ft2/ac 8-9 (14"dbh) +/- 25' 6-7 50ft2/ac 5-6 (18"dbh) +/- 25' 4-5 80ft2/ac 5-6 (18"dbh) +/- 25' 6-7 50ft2/ac 4-5 (22"dbh) +/- 25' 4-5 80ft2/ac 4-5 (22"dbh) +/- 25' 6-7 Where groups of trees are retained do not maintain ladder fuels inside or within 20' of dripline of group. 6. Legacy Trees/Structures: Large shade intolerant, fire resistant tree species (PP/JP ≥30" dbh). a. Where legacy trees are primarily surrounded by biomass size trees (ladder fuels) with an occasional tree <16" dbh, radial thin by removing all trees within approximately 45-50' from bole of legacy tree. If area is lacking desired openings, radial thinning may be increased on south side to promote pine regeneration. b. Where legacy tree(s) are adjacent to or grouped with larger (>16" dbh) shade intolerant trees (PP/JP), mark trees to maintain group/legacy structure and to improve residual spacing (increase available sunlight and growing space). Do not maintain ladder fuels (generally trees <16" dbh) inside or within 20' of dripline of legacy structure. c. Where legacy trees (individuals) are lacking recruit future legacy trees 2 per acre, from the dominant size class. Only recruit healthy trees, if no healthy trees are present disregard. Recruit shade intolerant tree species (PP/JP). Radial around recruited individual trees by removing primarily trees less than 16" dbh or those considered ladder fuels) within 45-50'of the bole of tree. Leave groups consisting of larger trees from merchantable sawlog guidelines would be considered future legacy structures. 7. Retain trees with signs of wildlife habitation (visible nests, active cavities, etc.). Biomass Trees (3.0"-10.9" dbh): Force Account/Forest Service Resource Crew 1. Leave tree mark (white paint) scattered dominant biomass mass size trees (Jeffrey pine, ponderosa pine) with a live crown ratio (LCR) of 30% or greater. Do not leave trees within 35' (+/- 9') of residual overstory trees. Use residual sawlog trees towards spacing. Where existing structure allows, leave groups of trees (2-4 trees spaced 15' apart). Think of these groups as individuals and space 35' to the next individual or group. 2. Leave biomass trees where either a lack of overstory trees exists or where overstory trees are of poor quality. 3. Vary spacing 25% (+/-9') to leave the healthiest preferred trees. 4. Do not mark trees infected with DMT. 5. Do not mark white fir or incense cedar. Snags: 1. Retain all snags (>15"dbh and ≥20' tall) per acre where available unless considered a hazard or if safety is deemed an issue during marking or logging operations. 2. Where snags are lacking retain at least 4 of the largest green trees for snag recruitment. Use large dominant or codominant trees with desirable wildlife characteristics such as forks, broken tops, existing cavities, basal scars and/or evidence of rot. 3. Retain all trees marked with white paint. Constraints/Considerations: 1. No LOPs 2. RCAs exist: 25' equipment exclusion zone (Have not been delineated on the ground and no confirmation from Hydro shop if/when layout to be done). 3. No heritage concerns. Figure 1: General Schematic of Leave Groups Group Group 1 Group 2 Penman MP Thin Unit Summary Tables Penman MP Thin Mark and Cruise Unit Silviculture Rx Acres 9 RX3 - Pine Conversion/ Maintenance 53 13 RX2 - Variable Density Thinning (VDT) 64 44 RX3 - Pine Conversion/ Maintenance 41 47 RX2 - Variable Density Thinning (VDT) 97 48 RX2 - Variable Density Thinning (VDT) 53 75 RX1 - Pine 88 76 RX2 - Variable Density Thinning (VDT) 20 77 RX2 - Variable Density Thinning (VDT) 17 84 RX1 - Pine 93 94 RX1 - Pine 58 95 RX2 - Variable Density Thinning (VDT) 61 44A RX2 - Variable Density Thinning (VDT) 54 9A RX2 - Variable Density Thinning (VDT) 17 9B RX2 - Variable Density Thinning (VDT) 14 108 RX4 - Variable Density Thinning (VDT)/Pine 32 Total 762 Penman MP Thin Unit Summary Sheet District UNIT ACRES PRESCRIPTION/ Mark Reviewed? BOUNDARIES: Paint Color: Paint Batch: Manufacturer and Date of Mfr: Tracer check (date and initials): DESIGNATION: (sawtimber) C L C L C L C L Cut or Leave Trees Marked: Paint Color: Paint Batch: Manufacturer and date of Mfr: Tracer check (date and initials): Other paint in unit? CREW LEADER: Markers w/stump mark: 1 2 3 4 5 6 7 REMARKS: FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS 08/02/2012 1. SCOPE: The provisions set forth below outline the responsibility for fire prevention and suppression activities and establish a suppression plan for fires within the contract area. The contract area is delineated by map in the contract. The provisions set forth below also specify conditions under which contract activities will be curtailed or shut down. 2. RESPONSIBILITIES: A. Contractor (1) Shall abide by the requirements of this Fire Plan. (2) Shall take all steps necessary to prevent his/her employees, subcontractors and their employees from setting fires not required in completion of the contract, shall be responsible for preventing the escape of fires set directly or indirectly as a result of contract operations, and shall extinguish all such fires which may escape. (3) Shall permit and assist in periodic testing and inspection of required fire equipment. Contractor shall certify compliance with specific fire precautionary measures in the fire plan, before beginning operations during Fire Precautionary Period and shall update such certification when operations change. (4) Shall designate in the Fire Plan and furnish on Contract Area, during operating hours, a qualified fire supervisor authorized to act on behalf of Contractor in fire prevention and suppression matters. B. Forest Service The Forest Service may conduct one or more inspections for compliance with the Fire Plan. The number, timing, and scope of such inspections will be at the discretion of agency employees responsible for contract administration. Such inspections do not relieve the Contractor of responsibility for correcting violations of the fire plan or for fire safety in general, as outlined in paragraph 2.A above. 3. DEFINITIONS: The following definitions shall apply: Active Landing: A location the contractor may be skidding logs into, or performing other operations such as delimbing, log manufacturing, and chipping logs. Except for EV and E days, loading logs or stockpiling chips only, on a cleared landing, does not constitute an Active Landing. Hot Saw: A harvesting system that employs a high-speed (>1100 rpm) rotating felling head, i.e., full rotation lateral tilt head. Mechanical Operations: The process of felling, skidding, chipping, shredding, masticating, piling, log processing and/or yarding which requires the use of motorized power which includes, chainsaws, chippers, motorized carriages, masticators, stroke delimbers, skidders, dozers etc. 4. TOOLS AND EQUIPMENT: The Contractor shall comply with the following requirements during the fire precautionary period, as defined by unit administering contracts: The Fire Precautionary Period is set by the State of California which is April 1 through December 1 of any year. • This contract 0 requires, 1 does not require, a Fire Box and associated Fire Tools according to CPRC Section 4428. A. Fire Tools and Equipment: Contractor shall meet minimum requirements of Section 4428 of the California Public Resources Code (C.P.R.C.). Fire tools kept at each operating landing shall be sufficient to equip all employees in the felling, yarding, loading, chipping, and material processing operations associated with each landing. Fire equipment shall include two tractor headlights for each tractor dozer used in Contractor's Operations. Tractor headlights shall be attachable to each tractor and served by an adequate power source. All required fire tools shall be maintained in suitable and serviceable condition for fire fighting purposes. Trucks, tractors, skidders, pickups and other similar mobile equipment shall be equipped with and carry at all times a size 0 or larger shovel with an overall length of not less than 46 inches and a 2-1/2 pound axe or larger with an overall length of not less than 28 inches. Where cable yarding is used, Contractor shall provide a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump within 25 feet of each tail and corner block. B. Fire Extinguishers: Contractor shall equip each internal combustion yarder, fuel truck, and loader with a fire extinguisher for oil and grease fires (4-A:60-B:C). Skidders and tractors shall be equipped with a minimum 5-BC fire extinguisher. All Fire Extinguishers shall be mounted, readily accessible, properly maintained and fully charged. Contractor shall equip each mechanized harvesting machine with hydraulic systems, powered by an internal combustion engine (chipper, feller/buncher, harvester, forwarder, hot saws, stroke delimber, etc), except tractors and skidders, with at least two 4-A:60-B:C fire extinguishers or equivalent. C. Spark Arresters and Mufflers: Contractor shall equip each operating tractor and any other internal combustion engine with a spark arrester, except for motor vehicles equipped with a maintained muffler as defined in C.P.R.C. Section 4442 or tractors with exhaust-operated turbochargers. Spark Arresters shall be a model tested and approved under Forest Service Standard 5100-1a as shown in the. National Wildlife Coordinating Group Spark Arrester Guide, Volumes 1 and 2, and shall be maintained in good operating condition. Every motor vehicle subject to registration shall at all times be equipped with an adequate exhaust system meeting the requirements of the California Vehicle Code. D. Power Saws: Each power saw shall be equipped with a spark arrester approved according to C.P.R.C. Section 4442 or 4443 and shall be maintained in effective working order. An Underwriters Laboratories (UL) approved fire extinguisher containing a minimum 14 ounces of fire retardant shall be kept with each operating power saw. In addition, a size 0 or larger shovel with an overall length of not less than 38 inches shall be kept with each gas can but not more than 300 feet from each power saw when used off cleared landing areas. • This contract 0 requires, 1 does not require, Section 4E of the Fire Plan. E. Tank Truck or Trailer: Contractor shall provide a water tank truck or trailer on or in proximity to Contract Area during Contractor's Operations hereunder during Fire Precautionary Period. When Project Activity Level B or higher is in effect, a tank truck or trailer shall be on or immediately adjacent to each active landing, unless otherwise excepted when Hot Saws or Masticators are being used. See Section 6 for specific contract requirements. The tank shall contain at least 300 gallons of water available for fire suppression. Ample power and hitch shall be readily available for promptly and safely moving tank over roads serving Contract Area. Tank truck or trailer shall be equipped with the following: (1) Pump, which at sea level, can deliver 23 gallons per minute at 175 pounds per square inch measured at the pump outlet. Pumps shall be tested on Contract Area using a 5/16 inch orifice in the Forester One Inch In-Line Gauge test kit. Pump shall meet or exceed the pressure value in the following table for nearest temperature and elevation: Temp Sea Level 1000 Feet 2000 Feet 3000 Feet 4000 Feet 5000 Feet 6000 Feet 7000 Feet 8000 Feet 9000 Feet 10000 Feet 55 179 23 174 23 169 23 165 22 161 22 157 22 153 22 150 21 146 21 142 21 139 21 70 175 23 171 23 166 22 162 22 158 22 154 22 150 21 147 21 143 21 139 21 136 20 85 171 23 168 23 163 22 159 22 155 22 151 21 147 21 144 21 140 21 136 20 133 20 100 168 23 164 23 159 22 155 22 152 22 148 21 144 21 141 21 137 20 133 20 131 20 PSI GPM PSI GPM PSI GPM PSI GPM PSI GPM PSI GPM PSI GPM PSI GPM PSI GPM PSI GPM PSI GPM The pump outlet shall be equipped with 1-1/2 inch National Standard Fire Hose thread. A bypass or pressure relief valve shall be provided for other than centrifugal pumps. (2) 300 feet of 3/4-inch inside diameter rubber-covered high-pressure hose mounted on live reel attached to pump with no segments longer than approximately 50 feet, when measured to the extreme ends of the couplings. Hose shall have reusable compression wedge type 1-inch brass or lightweight couplings (aluminum or plastic). One end of hose shall be equipped with a coupling female section and the other end with a coupling male section. The hose shall, with the nozzle closed, be capable of withstanding 200 PSI pump pressure without leaking, distortions, slipping of couplings, or other failures. (3) A shut-off combination nozzle that meets the following minimum performance standards when measured at 100 P.S.I. at the nozzle: G.P.M. Horizontal Range Straight Stream 10 38 feet Fog Spray 6 - 20 N/A (4) Sufficient fuel to run the pump at least 2 hours and necessary service accessories to facilitate efficient operation of the pump. When Contractor is using Hot Saws or Masticators, an additional 250 feet of light weight hose, approved by the Forest Service, shall be immediately available for use and be capable of connecting to the 300 feet of hose and appurturances in (2) and (3) above. This equipment and accessories shall be deliverable to a fire in the area of operations and is subject to the requirements for each specific activity level identified in Section 6. F. Compressed Air Foam System: A Compressed Air Foam System (CAFS) is a fire suppression system where compressed air is added to water and a foaming agent. By agreement, Contractor may substitute a CAFS or functional equivalent in lieu of the tank truck, trailer or fire extinguishers, provided it meets or exceeds the following specifications and requirements: 1. Variable foam expansion ratio - 10:1 to 20:1. 2. Units shall be kept fully charged with air; water and foam concentrate as recommended by the manufacturer and have the appropriate tools to service the system. 3. The unit shall contain enough energy to empty tank and clear hose prior to exhausting propellent. 4. The unit shall be capable of being completely recharged within 10 minutes. 5. When used on cable yarding landings, the unit shall be outfitted for immediate attachment to carriage and transported without damage to the unit. Fire extinguishers required for Hot Saws, Masticators and similar equipment identified in Section 4 B. above may be substituted with a 3 gallon CAFS. Tank truck, trailer or equivalent may be substituted with a 30 Gallon CAFS with at least 550 feet of one inch hose and an adjustable nozzle with enough water, air and foam concentrate for at least one recharge. This equipment and accessories shall also be deliverable to a fire in the area of operations and subject to the requirements for each specific activity level identified in Section 6. 5. GENERAL A. State Law: In addition to the requirements in this Fire Plan, the Contractor shall comply with all applicable laws of the State of California. In particular, see California Public Resource Codes. B. Permits Required: The Contractor must secure a special written permit from the District Ranger or designated representative before burning, welding or cutting metal or starting any warming fires. If contract requires Blasting and Storing of Explosives and Detonators, an Explosives Permit may be required pursuant to the California Health and Safety Code, Section 12101. C. Blasting: Contractor shall use electric caps only unless otherwise agreed in writing. When blasting is necessary in slash areas, a Fire Patrolperson equipped with a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump shall remain in the immediate area for an hour after blasting has been completed. D. Smoking: Smoking shall not be permitted during fire season, except in a barren area or in an area cleared to mineral soil at least three feet in diameter. In areas closed to smoking, the CO may approve special areas to be used for smoking. The Contractor shall sign designated smoking areas. Contractor shall post signs regarding smoking and fire rules in conspicuous places for all employees to see. Contractor's supervisory personnel shall require compliance with these rules. Under no circumstances shall smoking be permitted during fire season while employees are operating light or heavy equipment, or walking or working in grass and woodlands. E. Storage andParking Areas. Equipment service areas, parking areas, and gas and oil storage areas shall be cleared of all flammable material for a radius of at least 10 feet unless otherwise specified by local administrative unit. Small mobile or stationary internal combustion engine sites shall be cleared of flammable material for a slope distance of at least 10 feet from such engine. The COR shall approve such sites in writing. F. Reporting Fires: As soon as feasible but no later than 15 minutes after initial discovery, Contractor shall notify Forest Service of any fires on Contract Area or along roads used by Contractor. Contractor's employees shall report all fires as soon as possible to any of the following Forest Service facilities and/or personnel listed below, but not necessarily in the order shown: Name Office Address Office telephone Dispatch Center Plumas Dispatch 159 Lawrence St., Quincy 530-283-0193 (24 hr) 283-7854, 7837, 7838 Nearest FS Station Greenville WC 122 Hot Springs Rd., Greenville 530-284-7136 Inspector Maurice Huynh 39696 Hwy 70, Quincy 530-283-7653 COR Linda L. Smith 39696 Hwy 70, Quincy llsmith@fs.fed.us 530-283-7628 530-394-8122 (cell) District Ranger 39696 Hwy 70, Quincy When reporting a fire, provide the following information:  Your Name  Call back telephone number  Project Name  Location: Legal description (Township, Range, Section); and Descriptive location (Reference point)  Fire Information: Including Acres, Rate of Spread and Wind Conditions.  This contract 0 requires, 1 does not require, Section 5G of the Fire Plan. G. Communications: Contractor shall furnish a serviceable telephone, radio-telephone or radio system connecting each operating side with Contractor's headquarters. When such headquarters is at a location which makes communication to it clearly impractical, Forest Service may accept a reasonable alternative location. The communication system shall provide prompt and reliable communications between Contractor's headquarters (or agreed to alternative) and Forest Service via commercial or Forest Service telephone.  This contract 0 requires, 1 does not require, Section 5H of the Fire Plan. H. Fire Patrolperson: Contractor shall furnish a qualified fire patrolperson each operating day when Project Activity Level C or higher is in effect. When on duty, sole responsibility of patrolperson shall be to patrol the operation for prevention and detection of fires, take suppression action where necessary and notify the Forest Service as required. This Fire patrol is required on foot, unless otherwise agreed. By agreement, one patrolperson may provide patrol on this and adjacent projects. No patrolperson shall be required on Specified Road construction jobs except during clearing operations unless otherwise specified. The Contractor shall, prior to commencing work, furnish the following information relating to key personnel: Title Name Telephone Number Fire Supervisor Fire Patrolperson I. Clearing of Fuels: Contractor shall clear away, and keep clear, fuels and logging debris as follows: Welding equipment and stationary log loaders, yarders and other equipment listed in California State Law: 10 feet slope radius Tail or corner haulback blocks: All running blocks shall be located in the center of an area cleared to mineral soil at least 15 feet in diameter. Lines near, between or above blocks: Sufficient clearing to prevent line from rubbing on snags, down logs and other dead woody material. 6. EMERGENCY PRECAUTIONS Contractor's Operations shall conform to the limitations or requirements in the Project Activity Level (PAL) table below. Project Activity Levels applicable to this project shall be the predicted activity levels for the Fire Danger Rating Area(s), or fire weather station(s) stated in the Contract Area Map Legend on Integrated Resource Service Contracts (IRSC's), and other contracts where applicable. Fire Danger Rating Area/Fire Weather Station for Project Central Zone, Chester RAWS The Forest Service, in its sole discretion, may change the predicted activity level if the current fire suppression situation, weather and vegetation conditions warrant an adjustment. If practicable, Forest Service will determine the following day's activity level by 6:00 PM. Contractor shall obtain the predicted Project Activity Level from the appropriate Ranger District Office before starting work each day. Phone Number or Website to obtain Predicted Activity Levels: 1-800-847-7766 Forest Service may change the Project Activity Level Table to other values upon revision of the National Fire Danger Rating System. When Contractor is notified, the revised Project Activity Levels will supersede the levels in the Project Activity Level Table below. PROJECT ACTIVITY LEVEL Level Project Activity Minimum Requirements and Restrictions. Restrictions at each level are cumulative. A Minimum requirements noted above in Sections 4 and 5. B 1. Tank truck, trailer, or approved CAFS substitute shall be on or adjacent to the Active Landing. C 1. When Hot Saws or Masticators are operating, a tank truck, trailer, or approved CAFS substitute shall be within ¼ mile of these operations. Effective communications shall exist between the operator and the Active Landing. 2. Immediately after Mechanical Operations cease, Fire patrol is required for two hours. D 1. Immediately after Hot Saw or Masticator operations cease, Fire patrol is required for three hours. 2. No Dead Tree felling after 1:00 PM, except recently dead. 3 No burning, blasting, welding or cutting of metal after 1:00 PM, except by special permit. Ev 1. The following activities may operate all day: a) Loading and hauling logs decked at approved landings. b) Loading and hauling chips stockpiled at approved landings. c) Servicing equipment at approved sites. d) Dust abatement, road maintenance (Chainsaw use prohibited), culvert installation within cleared area, chip sealing, paving, earth moving or rock aggregate stock pile loading and installation (does not include pit or quarry development). e) Chainsaw and log processing operations associated with loading logs or other forest products at approved landings. 2. Hot Saws or Masticators may operate until 1:00 PM; provided that: a) A tractor with a blade or other equipment capable of constructing fireline is on or adjacent to the active landing or within ¼ mile of the operating equipment. This piece of equipment shall have effective communication with the Hot Saw or Masticator. b) Any additional restrictions specified by the Forest. 3. All other conventional Mechanical Operations are permitted until 1:00 PM. 4. Some operations may be permitted after 1:00 PM, on a case-by-case basis, under the terms of a PAL Ev Variance Agreement. Activities for which a Variance may be issued are: • Rubber Tire Skidding • Chipping on Landings • Helicopter Yarding • Fire Salvage When approved by a Line Officer, a Variance Agreement can be implemented when the criteria specified in the agreement are met and mitigation measures are in place. This approval is good for ten (10) days unless cancelled sooner or extended by the Contracting Officer for an additional ten (10) days. Variance approval can be withdrawn at the sole discretion of the Forest Service. Variance approval is contingent on the 7-day fire weather forecast, fuel conditions, site characteristics, current fire situation, state of Contractor's equipment for prevention and suppression readiness, type of operation and social and community considerations etc. (See attached Project Activity Level Variance Agreement). E The following activities may operate all day: 1. Loading and hauling logs decked at approved landings. 2. Loading and hauling chips stockpiled at approved landings. 3. Servicing Equipment at approved sites. 4. Dust abatement, road maintenance (chainsaw use prohibited) or loading stock piles and rock aggregate installation (does not include pit or quarry development). 5. Chainsaw operation associated with loading at approved landings. All other activities are prohibited. This Project utilizes "The Project Activity Level" (PAL), an industrial operation's fire precaution system. The following Climatology Chart indicates the Historic Activity Levels for the Project Fire Danger Rating Area or Fire Weather Station utilized on this Project. This is only a historical average of the Activity Levels for the identified Fire Danger Rating Area or Weather Station. Project Activity Level Climatology Fire Danger Rating Area/Weather Station Years Analyzed A B C D Ev E Days Month Expected Days per Month at Each PAL Value Analyzed July August September October Region 5 Project Activity Level (PAL) Ev Variance Application/Agreement Project Name: __________________________________________ Contract Number: _______________________________________ Contractor Name: _______________________________ Request #__, for period: __________________________________ Units/Subdivisions Affected: _______________________________ Location of operation: Slope Aspect Elevation Fuels on site Fuels in surrounding area 7 Day PAL Outlook Short range predictions (Red Flags) Fuel Moistures Response time of suppression resources Potential for ignition RAWS location Current Fire Situation: Draw down information National Readiness Level Contractual considerations: Normal Operating Season Frequency of recent contract fires in area Type of operation Contractors past/current performance & equipment readiness Other site specific mitigation or precaution (i.e. Contractors proposals) Social & Community Considerations: Proximity of high value resources Sensitivity of location Proposed Actions: Description of Mitigation Measures: Remarks: Fire Management Officer Concurrence Date Line Officer Approval Date I have considered the above request and determined the specified mitigation measures or actions must be implemented to continue operations in Project Activity Level Ev. Unless extended, the approval remains in effect for ten (10) calendar days unless cancelled sooner or extended by the Forest Service for an additional ten (10) days. At the sole discretion of the Forest Service, this variance can be modified and/or cancelled at no cost to the government. Contracting Officer Date Contractor Representative Date WD 77-0727 (Rev.-49) was first posted on www.wdol.gov on 01/05/2016 Forestry and Land Management Services ********************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 Daniel W. Simms Division of Wage | Wage Determination No: 1977-0727 Director Determinations | Revision No: 49 | Date Of Revision: 12/29/2015 ---------------------------------------------------------------------------------- Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. State: California Area: California Statewide ---------------------------------------------------------------------------------- **Fringe Benefits Required Follow the Occupational Listing** Employed on service contracts for forestry, land management, the cleaning of public use areas and timber inventory services. OCCUPATION CODE - TITLE FOOTNOTE RATE 08010 - Brush/Precommercial Thinner 15.14 08040 - Choker Setter 15.90 08070 - Faller/Bucker 33.86 08100 - Fire Lookout 15.14 08160 - Forestry/Logging Heavy Equipment Operator 17.95 08190 - Forestry Technician 16.84 08200 - Forestry Truck Driver 18.21 08250 - General Forestry Laborer 14.83 08280 - Nursery Specialist 21.00 08310 - Slash Piler/Burner 15.14 08340 - Tree Climber 17.00 08370 - Tree Planter 13.48 08400 - Tree Planter, Mechanical 13.48 _____________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bonafide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** NOTES APPLYING TO THIS WAGE DETERMINATION ** Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), Dated, September 2014, unless otherwise indicated. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444) Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es)of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF-1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. GOVERNMENT CONTACT CONTRACT: O'Laine Martinez. She may be contacted at tracymartinez@fs.fed.us or (530) 478 6823. SUBMISSION OF QUOTES: The response date is April 15, 2016 before time: 3:00 pm. PST. Quotes may be: (1)Emailed to O'Laine Martinez, tracymartinez@fs.fed.us, it is the contractor's responsibility to obtain confirmation receipt. Contact O'Laine Martinez (530) 478-6823 delivery receipt. Delivery via Facsimile to: 530-478-6126. (2) Quotes may be mailed/hand carried to Tahoe National Forest, attention: OLaine Martinez, Contracting Officer to the following address: 631 Coyote Street, Nevada City, CA 95959. 52.212-2 Evaluation-Commercial Items (Oct 2014) (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: Technical Past Performance Price Technical and past performance, when combined, are approximately equal to cost or price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The selection official will base the award decision on a tradeoff between price and non-price factors, comparing the relative risk to the government of poor or non-performance posed by each of the offerors, and making a judgment as to whether or not reduced risk of performance is worth the additional cost. In some cases this will result in award to a lower-ranked but lower-priced offer; in other cases the result will be award to a higher-ranked but higher-priced offer. Factors. Award will be made to the responsible offeror whose offer conforming to the solicitation is determined to be most advantageous to the government based on an evaluation of the following factors: Technical, Past performance, and price. (1) Technical. The Government will evaluate each offeror's relative understanding of the Government's requirements on the basis of its written submittals addressing the following subfactors: a) Any information that indicates the extent to which the site for this project was visited. b) The resources (personnel and equipment) which are planned for use on the project, and how realistic that plan is given concurrent obligations. c) Site-specific safety plan. d) Plan of work. e) Where applicable, estimated production rates f) If a technical proposal is submitted, whether or not the proposed method of work is practical and demonstrates an understanding of the government's requirement. (2) Past Performance. Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with Federal, state, and local laws and regulations. The Government will contact some of each offeror's customers to ask whether or not that: (1) that the offeror was capable, efficient, and effective; (2) the offeror's performance conformed to the terms and conditions of its contract (specifications); (3) finished within the contract time; (4) the offeror was reasonable and cooperative during performance; and (5) the offeror was committed to customer satisfaction. In evaluating past performance, the Government will contact some of the references provided by the offeror and other sources of information, including, but not limited to: Federal, state, and local government agencies, better business bureaus, published media, and electronic data bases. The Government may evaluate the organizational past performance of the offeror's proposed key subcontractors. Responsible sources may submit an offer which will be considered by the government. In accordance with FAR 4.1102(a), prospective contractors must be registered in the System for Award Management (SAM) database prior to award of a contract. Lack of registration in SAM on the part of the offeror will render an offeror ineligible for award. Offerors may obtain information on registration and annual confirmation requirements by visiting www.sam.gov PROVISIONS AND CLAUSES: (a) The contractor shall comply with the following FAR clauses (current revision) which are incorporated in this contract by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items: (full text of all provisions and clauses to be found at: http://acquisition.gov/comp/far/loadmainre.html ) The solicitation document and incorporate provisions and clauses are those in effect through Federal Acquisition Circular 2005-057, effective March 15, 2012. 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2016) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) 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. "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. "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 smallbusiness 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. "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. "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 posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database 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 applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (q) 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 o is, o 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: Complete paragraphs (c)(8) and (c)(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) 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-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) 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, Panamanian, 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-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": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: 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, 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: 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. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ ________________ [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Bahrainian, Korean, 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": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ ________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at.] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ __________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. □ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________. □ TIN has been applied for. □ TIN is not required because: □ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; □ Offeror is an agency or instrumentality of a foreign government; □ Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. □ Sole proprietorship; □ Partnership; □ Corporate entity (not tax-exempt); □ Corporate entity (tax-exempt); □Government entity (Federal, State, or local); □ Foreign government; □ International organization per 26 CFR 1.6049-4; □ Other ________________________________. (5) Common parent. □ Offeror is not owned or controlled by a common parent; □ Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and (ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. AGAR 452.209 - 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) ALTERNATE 1 (FEB 2012) (a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that - (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank. (2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer. (ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer. (3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Mar 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. __ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2015) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). _X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). _X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) _X_(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
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