[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Notices]
[Pages 51502-51504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24827]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Request for Comments; Advertised Timber 
for Sale

AGENCY: Forest Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

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

[[Page 51503]]

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

[[Page 51504]]

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