PRESOL | R | WRITING AND EDITING FOREST PLAN AMENDMENT DRAFT EIS

FBO DAILY ISSUE OF NOVEMBER 27, 2008 FBO #2558
SOLICITATION NOTICE

R -- WRITING AND EDITING FOREST PLAN AMENDMENT DRAFT EIS

Notice Date: 11/25/2008
Notice Type: Combined Synopsis/Solicitation
NAICS: 561410 — Document Preparation Services
Contracting Office: Forest Service - R-4 SW Idaho/Nevada Acquisition Office
ZIP Code: 00000
Solicitation Number: AG-0261-S-09-0004-2
Archive Date: 4/25/2009
Point of Contact: Diana J. Early,, Phone: 208-373-4134, Arlene Stoor,, Phone: 208-373-4150
E-Mail Address: dearly@fs.fed.us, astoor@fs.fed.us
Small Business Set-Aside: N/A
Description: WRITING AND EDITING PROJECT FOREST PLAN AMENDMENT DRAFT EIS WILDLIFE CONSERVATION STRATEGY SOUTHWEST IDAHO ECOGROUP (BOISE, PAYETTE, AND SAWTOOTH NATIONAL FORESTS) RFQ AG-0261-S-09-0004 VENDOR MUST BE LOCATED WITHIN 50 MILES OF BOISE, IDAHO 1. Writer-Editor for Forest Plant Amendment Draft EIS $_____________________ 2. Option 1 – Writer-Editor for Forest Plan Amendment Final EIS $__________________ 3. Option 2 – Writer-Editor for Forest Plan Amendment Draft EIS – Rangeland $_____________ See worksheets below for list of tasks. For questions, contact Diana Early, Contracting Officer at 208-373-4134 or dearly@fs.fed.us Bids due December 12, 2008 by 4:30pm, may be faxed to 208-373-4197 Boise National Forest 1249 So. Vinnell Way, Ste 200 Boise, ID 83709-1663 Statement of Work for Contract Period: January 30, 2009 – April 15, 2009 Task 1 BASE ITEM- Writing & Editing for Forest Plan Amendment Draft EIS – FORESTED Biological Community Southwest Idaho Ecogroup (Boise, Payette and Sawtooth National Forests) Task #1 Bid Item Deliverables Completion Date Bid Amount 1.1 Orientation - Meet with Forest Service project Case Manager to determine overall document structure, style, and project work plan/timeline 1.1 Document template and project work plan/timeline 1.1 February 6, 2009 1.2 Compile, write, and technically edit Draft EIS from background information submitted by the Forest Service (est. 300 pages). (See Item IV Statement of Work) 1.2 Complete Draft EIS (Chapter 1, 2, 3, Appendices, and Glossary) in final draft form 1.2 March 25, 2009 1.3 Edit and format 44 Technical Reports which will consist of 36 individual species reports and 8 family reports for the Boise and Payette National Forests (est. 1000 pages). 1.3 Complete 44 individual Final Technical Reports in final form 1.3 March 25, 2009 1.4 Incorporate revisions following Regional Office review 1.4 Complete final Draft EIS ready for Regional Office review 1.4 April 1, 2009 1.5 Incorporate revisions following Washington Office review (optional) 1.5 Complete final Draft EIS ready for Washington Office review (optional) 1.5 April 8, 2009 Preparation of the Forest Plan Amendment Draft EIS for Southwest Idaho Ecogroup (Boise, Payette and Sawtooth NFs) 1.6 Complete final DEIS formatted and compiled 1.6 Camera-ready electronic Draft EIS 1.6 April 15, 2009 TOTAL BID TASK #1 Statement of Work for Contract Period: April 30, 2009 – September 15, 2009 Task 2 – OPTION 1 Writing & Editing for Forest Plan Amendment Final EIS – FORESTED Biological Community Southwest Idaho Ecogroup (Boise, Payette and Sawtooth National Forests) Task #2 Bid Item Deliverables Completion Date Bid Amount 2.1 Orientation - Meet with Forest Service project Case Manager to determine overall document structure, style, and project work plan/timeline 2.1 Document template and project work plan/timeline 2.1 May 8, 2009 2.2 Compile, write, and technically edit Final EIS from background information submitted by the Forest Service (est. 300 pages). (See Item IV Statement of Work) 2.2 Complete FEIS (Chapter 1, 2, 3, Appendices, and Glossary) in final draft form 2.2 August 14, 2009 2.3 Incorporate revisions following Regional Office review 2.3 Complete final FEIS ready for Regional Office review 2.3 August 28, 2009 2.4 Incorporate revisions following Washington Office review (optional) 2.4 Complete final FEIS ready for Washington Office review (optional) 2.4 Sept. 8, 2009 Preparation of the Forest Plan Amendment Final EIS for Southwest Idaho Ecogroup (Boise, Payette and Sawtooth NFs) 2.5 Complete final FEIS formatted and compiled 2.5 Camera-ready electronic Final EIS 2.5 Sept. 15, 2009 TOTAL BID TASK #2 Statement of Work for Contract Period: November 2, 2009 – April 15, 2010 Task 3 – OPTION 2 Writing & Editing for Forest Plan Amendment Draft EIS – RANGELAND Biological Community Southwest Idaho Ecogroup (Boise, Payette and Sawtooth National Forests) Task #3 Bid Item Deliverables Completion Date Bid Amount 3.1 Orientation - Meet with Forest Service project Case Manager to determine overall document structure, style, and project work plan/timeline 3.1 Document template and project work plan/timeline 3.1 Nov 9, 2009 3.2 Compile, write, and technically edit Draft EIS from background information submitted by the Forest Service (est. 300 pages). (See Item IV Statement of Work) 3.2 Complete Draft EIS (Chapter 1, 2, 3, Appendices, and Glossary) in final draft form 3.2 Feb 28, 2010 3.3 Edit and format 26 Technical Reports which will consist of 20 individual species reports and 6 family reports for the Boise and Payette National Forests (est. 500 pages). 3.3 Complete 26 individual Final Technical Reports in final form 3.3 Feb 28, 2010 3.4 Incorporate revisions following Regional Office review 3.4 Complete final Draft EIS ready for Regional Office review 3.4 March 15, 2010 3.5 Incorporate revisions following Washington Office review (optional) 3.5 Complete final Draft EIS ready for Washington Office review (optional) 3.5 April 1, 2010 Preparation of the Forest Plan Amendment Draft EIS for Southwest Idaho Ecogroup (Boise, Payette and Sawtooth NFs) 3.6 Complete final DEIS formatted and compiled 3.6 Camera-ready electronic Draft EIS 3.6 April 15, 2010 TOTAL BID TASK #3 I. Introduction The Boise, Payette and Sawtooth National Forests (NFs), referred to as the Southwest Idaho Ecogroup (SWIE), will prepare an Environmental Impact Statement (EIS) to disclose the environmental effects of proposed non-significant amendments to three SWIE Land and Resources Management Plans (Forest Plans). Amendments to the 2003 Forest Plans for the Boise, Payette and Sawtooth NFs will add and/or modify existing management direction, as needed, to implement a comprehensive, Forest Plan-level Wildlife Conservation Strategy (WCS). This WCS will identify both short- and long-term management strategies and priorities for maintaining and restoring habitats associated with terrestrial wildlife species. The proposed non-significant amendments will provide management direction and guidance that focuses on those habitats, and their associated species, identified in the WCS as being of greatest conservation concern during the current planning period (i.e., next 10 to 15 years). The SWIE is composed of an estimated 6.6 million acres of National Forest System lands in southwest Idaho. The SWIE administrative boundaries stretch west to the Oregon border, east to the Salmon-Challis NF, north to the Nez Perce NF, and south to Box Elder County, Utah. Because the WCS and related amendments have the potential to address a myriad of species and associated habitats, the amendment process has been divided between four phases, each with its individual EIS: This Solicitation Phase 1: Forested Biological Community (EIS and decision to be developed 2008 - 2009) Phase 2: Rangeland Biological Community (2009 – 2010) Later Solicitations Phase 3: Unique Combinations of Forested and Rangeland Communities (2010 – 2011) Phase 4: Riverine and Non-Riverine Riparian and Wetland Communities (2011 – 2012) This Statement of Work has been developed to reflect a base item, namely, preparation of a draft EIS for Phase 1. Appendix A reflects two options for potential future work: Option 1 covers preparation of a final EIS for Phase 1; Option 2 reflects development of a draft EIS for Phase 2. Terminology The writing/editing entity will be referred to in this document as Contractor. The SWIE will be referred to as Forest Service. Case Manager is the Forest Service principal contact listed on the cover sheet. Project Manager is the Contractor as identified following contract award. II. Documenting Environmental Analysis Under NEPA The National Environmental Policy Act (NEPA) has two requirements for compliance: A. Agencies must make informed decisions. “Informed” means a candid and factual presentation of environmental impacts. Reasonable alternatives must be available and considered by the decision maker before making a commitment of resources. B. Agencies must make diligent efforts to involve the public in their NEPA procedures. The definition of “diligent” varies by agency depending on the severity of impact and other factors. Each project requires an individual approach to involving the public. NEPA does not regulate agency choices. But it does demand a good faith, hard look at the potential environmental impacts and a full and honest disclosure of impacts to the public. Ultimately, completion of the NEPA process is the responsibility of the agency official making the decision. When the environmental analysis is documented through use of a Contractor, the process must comply not only with the NEPA and CEQ regulations (40 CFR parts 1500-1508), but also agency requirements. The primary source of NEPA policy and procedures for the Forest Service is Forest Service Handbook (FSH) 1909.15, Environmental Policy and Procedures Handbook, as amended in 2008. The Forest Service is ultimately and legally responsible for the accuracy of the environmental analysis and documentation, and is responsible for issuing a final decision that is defensible under the law. III. Scope of Work The Scope of Work involves writing, editing, formatting and illustrating a draft Environmental Impact Statement (EIS) for Phase 1 of the WCS (Forested Biological Community), using technical reports, maps and information provided by the Forest Service. The Scope of Work also includes editing, formatting and illustrating identified technical reports (species reports). Contractor shall furnish all materials, supplies, tools, equipment, personnel, travel except those specified to be furnished by the Government, as noted below. IV. Summary of Tasks and Technical Specifications Contractor shall be responsible for completing the following tasks and meeting the technical specifications herein: A. Orientation: Attend at least one meeting at the Boise NF Supervisor’s Office with one or more members of the Forest staff to gain familiarity with the project area, environmental conditions and proposed action. B. Work Plan and Timeline: Develop and manage a detailed project work plan, including specific tasks, when they will be completed and by whom. C. Coordination with Case Manager: Contractor will coordinate regularly with the Forest Service project Case Manager regarding the document development and reviews. Contractor will communicate at least weekly with the Case Manager to coordinate activities and provide updates of progress and significant developments, using phone, e-mail or visits. Contractor will communicate directly with the Case Manager to request specific information required from the Forest Service. Requests for information shall be made in writing, and shall include specifications regarding format and content and a not-to-exceed due date for receiving that information. The Case Manager will clarify information needs with Contractor as needed. Contractor must follow the Case Manager’s advice regarding the Forest’s preferred NEPA procedures and document specifications. D. Technical Reports: The Forest Service shall provide to the Contractor draft Technical Reports for editing and formatting. These Technical Reports will consist of a total of 44 individual reports (36 individual species reports and 8 family reports for the Boise and Payette National Forests). The purpose of these Technical Reports is to provide supporting data, information, and analysis for the EIS. As appropriate, contractor shall incorporate the important conclusions from the Technical Reports into the EIS, along with summary rationale for the conclusions. E. Organize and Develop the Draft EIS with cover letters, and distribute to Case Manager for Forest Service review. Edit the documents to incorporate reviewer’s comments, and defer to the Case Manager’s judgment if editing questions or conflicts should arise. The Case Manager will be the liaison between Contractor and the Responsible Official to ensure that expectations are being met. F. Prepare the EIS and Distribute for Notice and Comment Process: The completed draft EIS, public mailing, and publication of the Notice of Availability (NOA) in the Federal Register will initiate a formal comment period. The length of this formal comment period has yet to be determined, but will likely be either 45 or 90 days. Contractor shall send copies to a mailing list provided by the Forest Service (approximately 600-800 names). The EIS will also be provided to the Forest Service in an electronic.pdf format for placement on our external web site to be available electronically to the general public. The Forest Service will prepare and submit the NOA to the Federal Register. G. Duplication and Mail Services: Contractor is required to provide any duplication or publication services, except for those documents that must be published by the Government Printing Office (GPO). GPO publication requirements will be determined on a case-by-case basis. Contractor is responsible for copying, collating and mailing documents to the public. The Case Manager is responsible for getting the required signature of the Responsible Official. V. Materials Provided by the Forest Service The Forest Service shall provide the following materials, both in electronic and hard copy: A. Draft Technical Reports for editing and formatting B. Analysis materials needed to prepare the EIS, including specialist reports, a description of alternatives to be considered in detail and those eliminated from detailed study, a description of issues (including associated indicators) C. Maps, including vicinity maps and those needed to illustrate key points D. Envelopes and mailing labels. VI. Documentation A. Working documents produced by Contractor shall be submitted to the Forest Service in Microsoft Word format. To expedite Forest Service reviews, Contractor is encouraged to e-mail, or post to an external FTP site identified by the Forest Service, draft and final documents. “Track changes” will be used to note stylistic and substantive edits. (“Track changes” will not be used to identify corrections to spelling and grammar.) B. The EIS and Technical Reports (“the documents”) must be written in a manner that facilitates public review and understanding. The EIS and Technical Reports will be professionally written and edited: • The documents will be accurate in spelling and punctuation, and free of typographical errors. • Sentences will be integrated as components within a paragraph, such that the order of the sentences is logical and anticipates readers’ questions and processing of information. • Paragraphs will be integrated as components within a section, such that the order of the paragraphs is logical and anticipates readers’ questions and processing of information. Paragraphs have effective transitions to guide the reader. • Each resource-specific effects discussion in Chapter III of the EIS will be presented such that the conclusion is well-supported and logical. In addition, the effects discussions within Chapter III will be internally consistent, such that the conclusions in one section do not contradict those in another section. The EIS shall be a concise public document. Rather than the document consisting entirely of long narratives, use bulleted or numbered statements where appropriate, and display quantitative data in tables or charts, where they may aid in public review and understanding. Use a simple and consistent outline format throughout the documents, with clear headings and sub-headings.. Tables and figures will be formatted consistently within the documents, and the formatting will conform to relevant style guides. Tables and figures will be formatted such that they are legible in second- and third-generation copies. Avoid using agency or bureaucratic jargon or acronyms. Where a technical term is needed, include a brief, simple translation of the term within the context where it is used, to avoid the reader having to rely entirely on the glossary. Translate technical or jargon-filled language into plain, easy to understand language. Technical Reports will be organized and formatted in a consistent manner, using a Contractor-developed template. If supporting record documents contain repetitive or poorly organized effects analysis discussions, translate them in the EIS into clear, concise, well-organized statements. Ensure that the effects analysis in the EIS includes: • Rationale, professional judgments and references to scientific studies that support the conclusions and help shed light on the degree of uncertainty or reliability of effects predictions. • Explanations of the action or cause for each effect. • Descriptions of location, magnitude/intensity, and general duration of effects. • Direct, indirect and cumulative effects to the resources discussed. • Avoid repetition, focusing on differences in effects between alternatives, so readers may easily contrast and compare alternatives, based on the effects described. • Incorporation of scientific material by reference, by summarizing and citing appropriate literature. References will be included as an EIS chapter. C. The EIS must be site-specific to the areas of National Forest identified for analysis, action-specific (to the proposed activities) and effect-specific (resulting from the proposed activities). D. The description of the Affected Environment is required in an EIS. However, the Affected Environment can be combined with Environmental Consequences into one chapter, as a preface to the consequences described for each specific resource topic. E. The EIS format should closely follow this main-topic outline, unless changes are approved by the Case Manager: • Cover Sheet • Abstract • Table of Contents • Summary • Chapter I -- Purpose and Need for Action 1. Introduction (Location, Background and project history) 2. Forest Plan Direction and Other Requirements 3. Purpose of and Need for Action (Existing Situation, Desired Condition, Need for Action and Project Objectives) 4. Proposed Action 5. Decision to be Made 6. Public Involvement Summary 7. Significant Issues • Chapter II – Alternatives 8. Description of Alternatives Analyzed (including maps of alternatives) 9. Alternatives Considered and Eliminated from Further Study 10. Comparison of Alternatives in tabular and narrative form. Include comparisons with respect to the Purpose and Need, Forest Plan guidance, Significant Issues, and Key Environmental Effects (summarized from Chapter III). • Chapter III – Affected Environment and Environmental Effects Alternative Responses to the Issues Describe and display how each alternative addresses the significant issues. Resource Effects Analyze the environmental direct, indirect and cumulative effects of proposed action and alternatives on resource elements, including: 1. Effect on physical factors (not all may apply): • Geologic hazards or landslide prone areas • Soils (their productivity or erodability) • Minerals and energy resources (locatable minerals, leasable minerals, energy sources) • Visual resources • Cultural resources (building, site, structure, object, or district evaluated as having significance in prehistory or history) • Water resources (water quality, streamflow, floodplains, wetlands, groundwater recharge) • Air quality • Noise • Fire hazards • Land use (prime farm, timber, rangelands) • Infrastructure improvements (roads, trails, utility corridors and distribution, water collection and storage, communications systems, solid waste collection and disposal, hazardous materials handling, storage and disposal) 2. Effect on the biological factors (not all may apply): • Vegetation (forest, rangeland, other major vegetation types, threatened, endangered, sensitive and Forest Watch plants, unique ecosystems, rare plant communities, plant diversity. • Wildlife (habitat, populations, threatened and endangered species, migratory birds, diversity, management indicator species, including big game) • Fish (see wildlife suggestions) • Recreation resources (sites, trails, ATV use, etc.) • Insects and diseases • Exotic and/or noxious organisms 3. Effect on the economic factors (not all may apply): • Land use requirements • Community service requirements • Revenue base (local government, special service districts) • Plans and programs of other agencies • Income (sources, amounts, distribution) • Cost (financial analysis) 3. Effect on the social factors (not all may apply): • Environmental justice (disproportionate or disparate effect on low-income or minority populations) • Ways of life (sub-cultural variation, leisure and cultural opportunities, subsistence hunting and fishing, personal security, basic values, community identity, health and safety) • Land tenure and land use • Legal considerations • Chapter IV – Consultation and Coordination List of preparers and agencies/persons consulted • Glossary • Acronyms • Index • References • Appendices 1. Maps (if not in the body of the document) 2. Other appendices as needed VII. Work Products Work products shall be addressed to the Forest Service Case Manager: Deliverables shall be paper copies, facsimiles, and/or electronic copies as specified. Electronic word processing documents shall be Microsoft Word. Final documents shall be delivered on a compact disk in Microsoft Word and.pdf formats. Where multiple copies are indicated, it will be understood these are to be paper copies. Elsewhere where copy media is unspecified, it will be the option of Contractor to provide the materials by either paper copy or electronic copy. The Forest Service will review all draft materials. Generally, one review and correction cycle will be sufficient prior to printing final materials. However, based upon the amount or complexity of the Forest Service’s revision comments, the Forest Service shall have the option of reviewing drafts until they are revised to the Forest Service’s satisfaction. All documents shall be published to Forest Service standards. Contractor, under the direction and guidance of the Forest Service, shall be responsible for printing and distributing all documents, except for those that must be published by the GPO. GPO publication requirements will be determined on a case-by-case basis. Contractor shall provide all graphics, layout services and printing to established Forest Service standards. Foldout sheets and large maps shall be provided where applicable. Mailings shall be first class. A. Work Plan: Within 30 days of contract award, Contractor shall submit a work plan. The work plan shall be a comprehensive plan and schedule for completion of all aspects of the task order, following the schedule prepared in cooperation with the Forest Service. The work plan shall account for all the tasks within the scope of this task order, deliverables listed below, preparation time, and review time for each draft by the Forest Service. B. Technical Reports: Technical Reports provided by the Forest Service are to be edited and formatted in conformance with Forest Service standards and guidelines. Preliminary Technical Reports (two copies of each) shall be submitted prior to, or concurrent with, a preliminary draft EIS. C. Draft EIS (Final): Contractor shall provide a final draft EIS in camera-ready format. This format must facilitate web posting and browsing, as well as a format from which hard copies can be made. Hard copy record documents shall be single-side copies with no staples. Contractor shall prepare copies for mailing; quantity will be dependant on number of scoping respondents. Appendix A Potential Options for Future Work Option 1 - Preparing a Final EIS & Final Technical Reports – The decision to exercise this option will be made by April 1, 2009. Under Option 1, the Scope of Work involves writing, editing, formatting and illustrating a final Environmental Impact Statement (EIS) for Phase 1 of the WCS, using technical reports, maps and information provided by the Forest Service. The Scope of Work also includes editing, formatting and illustrating final Technical Reports (species reports). Option 1 would be undertaken following the formal comment period on the draft EIS. Essentially, Option 1 reflects the revision of the draft documents into final form, reflecting both public comment and new information gained following publication of the draft documents. The basis for both items (i.e., the final EIS and Technical Reports) will be the draft EIS and Technical Reports described in the base item. All tasks, specifications, responsibility for materials, and work products described in sections IV, V and VI in the base item would apply to Option 1, with one addition: development of a chapter in the final EIS that displays public comments on the draft EIS and the Forest Service response to those comments. The Forest Service would provide public comments and responses for Contractor editing and formatting of this chapter, both in electronic and hard copy. In addition, the Forest Service will provide comments on the draft Technical Reports. Option 2 - Preparing a Draft EIS & Technical Reports – The decision to exercise this option will be made by April 1, 2010. Under Option 2, the Scope of Work involves writing, editing, formatting and illustrating a draft Environmental Impact Statement (EIS) for Phase 2 of the WCS (Rangeland Biological Community), using technical reports, maps and information provided by the Forest Service. The Scope of Work also includes editing, formatting and illustrating identified Technical Reports (species reports). The number of Technical Reports is unknown at this time, although the total number is anticipated to be less than under the base item. All tasks, specifications, responsibility for materials, and work products described under the base item would apply to Option 2. In addition, Contractor would be strongly encouraged to model the format and style of Option 2 to mirror that of the base item, such that the two products are consistent, and readily-identifiable as integrated components of a larger effort (i.e., the WCS). Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/ CONTRACT CLAUSES FAR 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2008) Alternate I (FEB 2007). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (June 2008) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (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: 0-_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (4) [Reserved] __ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (6)(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. __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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. __ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). __ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). __ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). __ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (25)(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)). __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d). __ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (31) 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). __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (40)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 settelement. 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 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. SOLICITATION PROVISIONS FAR 52.212-2 Evaluation – Commercial Items (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Experience in writing Environmental Impact Statements consistent with the purposes of and format specified by the National Environmental Policy Act (NEPA) 2. Experience in synthesizing scientific concepts related to natural resource management, including wildlife biology, and translating into clear, concise language to aid in public review and understanding 3. Technical capability to design, edit and format lengthy documents, including correlation of photos and illustrations with text, to meet the Government requirement 4. Ability to adhere to strict timelines as set forth in solicitation These factors are more important than 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. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUNE 2008) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “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. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person 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. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “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 (1) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the 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 (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) 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 o is a women-owned business concern. (7) 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:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51–100 __ $1,000,001–$2 million __ 101–250 __ $2,000,001–$3.5 million __ 251–500 __ $3,500,001–$5 million __ 501–750 __ $5,000,001–$10 million __ 751–1,000 __ $10,000,001–$17 million __ Over 1,000 __ Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (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 o is, o 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It o is, o is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It o has developed and has on file, o 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 o 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 $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that 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. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (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 Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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 Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ (3) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (4) 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)(4)(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 ______________ _________________ ______________ _________________ ______________ _________________ (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 Act. 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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o 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) o Are, o 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) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (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 22.1503(b).] (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) o 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) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (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 o does o 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 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 o does o 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 Act 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 a central contractor registration 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). o TIN: ________________________________. DUNS NO._________________________ o TIN has been applied for. o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.
Web Link: FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=c326c2a5c62e6689c1a4af84421d9310&tab=core&_cview=1)
Place of Performance: Address: Boise National Forest, 1249 So. Vinnell Way, Ste 200, Boise, Idaho, 83709, United States; Zip Code: 83709
Record: SN01710256-W 20081127/081125215822-c326c2a5c62e6689c1a4af84421d9310 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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