Information Collection; Request for Comments; Advertised Timber for Sale

DEPARTMENT OF AGRICULTURE

Forest Service

Information Collection; Request for Comments; Advertised Timber

for Sale

AGENCY: Forest Service, USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the

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Forest Service announces its intention to reinstate the form, FS-2400-

14-Bid For Advertised Timber, and to combine it with the form, FS-2400-

42a National Forest Timber For Sale (Advertisement and Short-Form Bid).

FS-2400-14 is currently approved under Office of Management and Budget

(OMB) authorization number 0596-0114. It is our intention to combine

FS-2400-14 and FS-2400-42a under OMB authorization number 0596-0066.

The burden associated with FS-2400-14 will be removed from 0596-0114

and placed under 0596-0066.

The agency uses the collected information to ensure that National

Forest System timber is sold at not less than appraised value, that

bidders meet specific criteria when submitting a bid, and that anti-

trust violations do not occur during the bidding process.

DATES: Comments must be received in writing on or before November 22,

1999.

ADDRESSES: All comments should be addressed to: Director, Forest

Management Staff, Mail Stop 1105, Forest Service, USDA, P.O. Box 96090,

Washington, DC 20090-6090.

Comments also may be submitted via facimile to (202) 205-1045 or by

email to: fm/[email protected].

The public may inspect comments received at the Office of the

Director of Forest Management, 201 14th Street, SW, Washington, DC.

Callers are urged to call ahead to facilitate entrance into the

building.

FOR FURTHER INFORMATION CONTACT: Jim Naylor, Forest Management Staff,

at (202) 205-0858.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to statutory requirements at 16 U.S.C. 472a, the Secretary

of Agriculture must advertise sales of all National Forest System

timber or forest products exceeding $10,000 in appraised value, unless

(1) extraordinary conditions exist as defined by regulation; (2) select

bidding methods ensure open and fair competition; (3) select bidding

methods ensure that the Federal Government receives not less than

appraised value of the timber or forest product; and (4) bidding

patterns are monitored for evidence of unlawful bidding practices.

Pursuant to the Forest Service Small Business Timber Sale Set-Aside

Program, developed in cooperation with the Small Business

Administration, Forest Service regulations at Sec. 223.84 of Title 36

of the Code of Federal Regulations require that the Forest Service bid

form used by potential timber sale bidders include provisions for small

concerns, such as (1) electing road construction by the Forest Service;

(2) certifying as to their small business status; and (3) being

informed of other road construction requirements in the bid and/or

contract.

Respondents are bidders on National Forest System timber sales.

Forest Service sale officers mail bid forms to potential bidders, and

bidders return the completed forms, dated and signed, to the Forest

Service sale officer. The data collected are used by the agency to

ensure that National Forest System timber is sold at not less than

appraised value, that bidders meet specific criteria when submitting a

bid, and that anti-trust violations do not occur during the bidding

process.

FS-2400-14-Bid for Advertised Timber (currently OMB No. 0596-0114)

and FS-2400-42a--National Forest Timber Sale (OMB No. 0596-0066)

implement the same statutes, policies, and regulations and collect

similar information from the same applicant. Therefore, the Forest

Service intends to reinstate and combine FS-2400-14 with FS-2400-42a

and extend FS-2400-42a under 0596-0066, which expires February 28,

2000.

Data gathered in these information collections are not available

from other sources.

Description of Information Collection

The following describes the information collection to be extended.

Title: FS-2400-42a--National Forest Timber For Sale (Advertisement

and Short-Form Bid).

OMB Number: 0596-0066.

Expiration Date of Approval: February 28, 2000.

Type of Request: Extension of a currently approved information

collection.

Abstract: The data collected are used by the agency to ensure that

National Forest System timber is sold at not less than appraised value,

that bidders meet specific criteria when submitting a bid, and that

anti-trust violations do not occur during the bidding process.

Form FS-2400-42a--National Forest Timber For Sale is used to

solicit and receive bids on short-notice advertised timber sales of

less than 30 days and less than $10,000 in advertised value.

Respondents are bidders on National Forest System timber sales.

Forest Service sale officers mail bid forms to potential bidders, and

bidders return the completed forms, dated and signed, to the Forest

Service sale officer.

Before submitting a bid, the bidder usually, but is not required

to, inspect the sale area, review the requirements of the sample

contract, and take other steps as may be reasonably necessary to

ascertain the location, estimated volumes, and operating costs of the

offered timber or forest product. Each bidder must include the

following information: the price bid for the timber; the bidder's name,

address, and signature; the bidder's tax identification number;

certification that the bidder is not debarred, suspended, proposed for

debarment, or voluntarily excluded from bidding on Government

contracts; and that the bidder has not defaulted on any contracts

within the last 3 years.

The tax identification number of each bidder is entered into an

automated bid monitoring system, which is used to determine if

speculative bidding or unlawful bidding practices are occurring. The

tax identification number also is used to facilitate electronic

payments to the purchaser.

Data gathered in this information collection are not available from

other sources.

Estimate of Burden: 130 minutes.

Type of Respondents: Individuals, large and small businesses, and

corporations bidding on National Forest timber sales.

Estimated Number of Respondents: 5,000.

Estimated Number of Responses per Respondent: 3.

Estimated Total Annual Burden on Respondents: 32,500 hours.

Description of Information Collection

The following describes the information collection to be reinstated

but combined with FS-2400-42a--National Forest Timber For Sale under

OMB authorization number 0596-0066:

Title: FS-2400-14-Bid For Advertised Timber.

OMB Number: 0596-0114.

Expiration Date of Approval: May 31, 1999.

Type of Request: Reinstatement of a previously approved information

collection to be combined with FS-2400-42a--National Forest Timber for

Sale under 0596-0066.

Abstract: The data collected will be used by the agency to ensure

that National Forest System timber will be sold at not less than

appraised value, that bidders will meet specific criteria when

submitting a bid, and that anti-trust violations will not occur during

the bidding process. This form will be used for soliciting and

receiving bids on advertised sales that are 30 days or longer and on

sales greater than $10,000 in advertised value.

Respondents will be bidders on National Forest System timber sales.

Forest Service sale officers will mail bid forms to potential bidders,

and bidders

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will return the completed forms, dated and signed, to the Forest

Service sale officer. Before submitting the bid, the bidder usually

will inspect the sale area, review the requirements of the sample

contract, and take other steps as may be reasonably necessary to

ascertain the location, estimated volumes, and operating costs of the

offered timber or forest product.

Each bidder will have to include the following information: the

price bid for the timber; the bidder's name, address, and signature;

the bidder's tax identification number; the amount and type of the bid

guarantee; certification that the bidder has not paid a contingent fee

to someone to obtain the contract for him or her, or retained any

person or company to secure the contract; certification that the bidder

will meet the responsibility requirements at Title 36 of the Code of

Federal Regulations (CFR), Sec. 223.101; certification that the bidder

will complete the consideration requirements of the contract;

certification that the bidder has not been debarred, suspended,

proposed for debarment, or voluntarily excluded from conducting

business with the government; certification that the bidder has not

been indicted or has not had a criminal or civil conviction within a 3-

year period; certification that the bidder has not defaulted on a

public contract or agreement in the last 3 years; information on

whether the bidder has participated in a previous contract covered by

section 202 of Executive Order 11246, Non-discrimination in Employment;

certification that the bidder has independently determined the bid

price; selection of the road construction option; certification of a

firm offer; certification that the bidder has expressly adopted the

terms of the bid and sample contact; certification that the bidder has

inspected the sale area and certifies that he or she understands that

the Forest Service does not guarantee the amount or quality of the

timber or forest product; certification that the bidder will comply

with the Forest Resources Conservation and Shortage Relief Act of 1990

as required by 36 CFR Sec. 223.87; certification that the bidder has

not been or will not be affiliated with the original purchaser of a

contract on a timber sale that is being re-offered, when the original

contract was terminated for breach or failure to cut; and the bidder

will have to list affiliates that control or have the power to control

the bidder's company.

The tax identification number of each bidder will be entered into a

computerized bid monitoring system. This system will be used to

determine if speculative bidding or if unlawful bidding practices are

occurring. The tax identification number also will be used to

facilitate electronic payments to the purchaser.

Data gathered in this information collection are not available from

other sources.

Estimate of Burden: 370 minutes.

Type of Respondents: Individuals, large and small businesses, and

corporations bidding on National Forest timber sales.

Estimated Number of Respondents: 500.

Estimated Number of Responses per Respondent: 2.0.

Estimated Total Annual Burden on Respondents: 6,167 hours.

Comment is Invited

The agency invites comments on the following: (a) Whether the

proposed collection of information is necessary for the stated purposes

or the proper performance of the functions of the agency, including

whether the information shall have practical or scientific utility; (b)

the accuracy of the agency's estimate of the burden of the proposed

collection of information, including the validity of the methodology

and assumptions used; (c) ways to enhance the quality, utility, and

clarity of the information to be collected; and (d) ways to minimize

the burden of the collection of information on respondents, including

the use of automated, electronic, mechanical, or other technological

collection techniques or other forms of information technology.

Use of Comments

All comments received in response to this notice, including name

and address when provided, will be summarized and included in the

request for Office of Management and Budget approval. All comments also

will become a matter of public record.

Dated: September 16, 1999.

Paul Brouha,

Associate Deputy Chief, National Forest System.

[FR Doc. 99-24827 Filed 9-22-99; 8:45 am]

BILLING CODE 3410-11-P