[Federal Register Volume 68, Number 91 (Monday, May 12, 2003)]
[Notices]
[Pages 25317-25319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11682]


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DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Advertised Timber for Sale

AGENCY: Forest Service, USDA.

ACTION: Notice; request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Forest Service is seeking comments from all interested individuals and 
organizations on the extension of the currently approved collection for 
from FS-2400-14, Bid for Advertised Timber, and form, FS-2400-42a, 
National Forest Timber for Sale (Advertisement and Short-Form Bid). 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.

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DATES: Comments must be received in writing on or before July 11, 2003 
to be assured of consideration. Comments received after that date will 
be considered to the extent practicable.

ADDRESSES: Comments concerning this notice should be addressed to the 
Director, Forest and Rangeland Management Staff, Mail Stop 1105, Forest 
Service, USDA, 1400 Independence Avenue, SW., Washington, DC 20090-
1105. Comments also may be submitted via facsimile to (202) 205-1045 or 
by e-mail to: fm/[email protected].
    The public may inspect comments received at the Office of the 
Director of Forest and Rangelands Management, 201 14th Street, SW., 
Washington, DC. Callers are urged to call ahead to facilitate entrance 
into the buildings to (202) 205-0893.

FOR FURTHER INFORMATION CONTACT: Rex Baumback, Forest and Rangelands 
Management Staff, at (202) 205-0855.

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, development in cooperation with the Small Business 
Administration, Forest Service regulations at 36 CFR 223.84 require 
that the Forest Service bid form used by potential timber sale bidders 
include provisions for small business 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.
    FS-2400-14-Bid for Advertised Timber and FS-2400-42a-National 
Forest Timber Sale implement the same statues, policies, and 
regulations and collect similar information from the same applicant. 
The data gathered in this information collection is not available from 
other sources.

Description of Information Collection

    1. Title: FS-2400-42a, National Forest Timber for Sale 
(Advertisement and Short-Form Bid).
    OMB Number: 0596-0066.
    Expiration Date of Approval: May 31, 2003.
    Type of Request: Extension.
    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 timber sales advertised for less than 
30 days and for 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, bidders usually, but are not required to, 
inspect the sale area, review the requirements of the sample contract, 
and take other steps as may be reasonably necessary to asscertain 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. The data gathered in this information 
collection is 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: 32,505 hours.
    2. Title: FS-2400-14, Bid For Advertised Timber.
    OMB Number: 0596-0066.
    Expiration Date of Approval: May 31, 2003.
    Type of Request: Extension.
    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 sales advertised for 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 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: (1) The 
price bid for the timber; (2) the bidder's name, address, and 
signature; (3) the bidder's tax identification number; (4) the amount 
and type of the bid guarantee; (5) 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; (6) 
certification that the bidder will meet the responsibility requirements 
at Title 36 of the Code of Federal Regulations (CFR), Sec.  223.101; 
(7) certification that the bidder will complete the consideration 
requirements of the contract; (8) certification that the bidder has not 
been debarred, suspended, proposed for debarment, or voluntarily 
excluded from conducting business with the government; (9) 
certification that the bidder has not been indicted or has not had a 
criminal or civil conviction within a 3-year period; (10) certification 
that the bidder has not defaulted on a public contract or agreement in 
the last 3 years; (11) information on whether the bidder has 
participated in a previous contract covered by section 202 of Executive 
Order 11246, Non-discrimination in Employment; (12) certification that 
the bidder has independently determined the bid price; (13) selection 
of the road construction option; (14) certification of a firm offer; 
(15) certification that the bidder has expressly adopted the terms of 
the bid and sample contract; (16) certification

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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; (17) certification that the 
bidder will comply with the Forest Resources Conservation and Shortage 
Relief Act of 1990 as required by 36 CFR 223.87; (18) 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 (19) a list provided by the bidder of 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. The 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: April 23, 2003.
Abigail R. Kimbell,
Associate Chief, National Forest System.
[FR Doc. 03-11682 Filed 5-9-03; 8:45 am]
BILLING CODE 3410-11-M