Amendment 004_Chewelah BPA.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

2 AMENDMENT/MODIFICATION NO.

4 (Four)

3. EFFECTIVE DATE

01/23/2020

4. REQUISITION/PURCHASE REQ. NO

5. PROJECT NO.(IF APPLICABLE)

6. ISSUE BY CODE 7. ADMINISTERED BY (if other than item 6) CODE US Forest Service Region 6 AQM Stewardship Team Attn: Carl Ericksen/Ingrid Anderson Portland, OR

8.NAME AND ADDRESS OF CONTRACTOR(No., street, county, State and ZIP Code) X

9A. Amend Solicitation No.

1204H120S4001, Chewelah A to Z Stewardship BPA

X 9B. Dated: 11/05/2019

10A. Modification of Contract/Order #

10B. Dated code facility code

11. THIS ITEM APPLIES ONLY TO AMENDMENT OF SOLICITATION

[X] The above numbered solicitation is amended as set forth in the item 14. The hour and date specified for receipt of Offers [X] is extended [ ] is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15 and returning (1) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted, or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. This change order is issued pursuant to; (specify authority):

B. The above numbered Contract/Order is modified to reflect the administrative changes (such as changes in paying office, appropriation date, etc.) set forth in item 14, pursuant to the authority of FAR 43.103(b)..

C. This supplemental agreement is entered into pursuant to authority of:

D Other: (Specify type of modification and authority):

E. IMPORTANT: Contractor [ ] is not [X] is required to sign this document and return 1 Original to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

#1. Offer due date is extended:

From: To:

8. OFFER DUE DATE/LOCAL TIME 8. OFFER DUE DATE/LOCAL TIME

02/05/2020 03/06/2020 4:00pm PST 4:00pm PST

#2 Replace: FSAR 4G52.222 on pages 25–28 are replaced with the attached FSAR Part 4G22 (

By signature in Block 15B Contractor releases the Government from all claims relating to this modification. This settlement is complete accord and satisfaction. Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER

CARL T. ERICKSEN

15B. CONTRACTOR/OFFEROR

By (Signature of person authorized to sign)

15C. DATE

SIGNED

16B. UNITED STATES OF AMERICA

By______________________________ (Signature of Contracting Officer)

16C. DATE

SIGNED

Chewelah A to Z Stewardship BPA Solicitation 1204H120S4001 Colville National Forest Amendment 004

Part 4G22 - Application of Labor Laws to Government Acquisitions 4G22.8 Equal Employment Opportunity

4G22.804-2 Construction The list of geographical areas subject to affirmative action requirements is found in the Federal Acquisition Regulation (FAR) 22.804-2(b) located: https://www.dol.gov/ofccp/regs/compliance/preaward/cnstnote.htm

4G22.18 Employment Eligibility Verification

4G22.18-002 - Policy - Labor Intensive Contracts

1. In addition to the requirements of FAR 52.222-50, Combating Trafficking in Persons and 52.222-54, Employment Eligibility Verification, the Immigration and Nationality Act (INA) (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The H-2B provisions of the Immigration and Nationality Act (INA) provide for the admission of nonimmigrants to the U.S. to perform temporary labor or services. Employers hiring workers under this program are required to be registered by the Department of Labor through either a paper application or through the iCERT on-line filing system. Refer to the Office of Foreign Labor Certification for additional information.

2. The Migrant Seasonal Agricultural Workers Protection Act (MSPA) is a separate program from the H-2B program. The MSPA covers all workers falling under the definition of a migrant seasonal worker and can be U.S. citizens or H-2B workers. Contracting Officers shall ensure language is included in all solicitations and contracts predominately for manual forestry or agricultural work including, but not limited to, tree planting, brush cleaning, pre-commercial tree thinning, noxious weed spraying in connection with the growing of crops/trees, and forest firefighting.

3. Additional information is available from U.S. Department of Labor, Wage, and Hour Division.

4G22.1803 Special Requirements for Labor Intensive Contracts

1. 8 CFR Section 274A of the Immigration and Nationality Act (INA) (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The H-2B temporary nonimmigrant program permits employers to hire nonimmigrant workers to meet their employment needs, but such employers must first file an Application for Temporary Employment Certification with the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration and conduct certain recruitment activities to ensure that there are not qualified U.S. workers available for the position listed in the Application. The Wage and Hour Division of the U.S. Department of Labor enforces the contractual and other obligations required by the H-2B program which are found at 20 CFR Part 655 subpart A and 29 CFR Part 503.

2. Employers using the H-2B program to perform forestry-related work may also be subject to the requirements of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The employer may be required under MSPA to obtain a current and valid Farm Labor Contractor Certificate of Registration. MSPA is implemented under 29 USC 1801 and 29 CFR Part 500 and is enforced by the Wage and Hour Division. It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of an individual's national origin or citizenship status.

3. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

4. Include the instructions below in the contract as Special contract requirements (previously in agency clauses 4G52.222-701 through 4G52.222-705).

https://www.dol.gov/ofccp/regs/compliance/preaward/cnstnote.htm http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm http://www.dol.gov/whd/mspa/index.htm

Employment of Eligible Workers (Standards for contracts involving H-2B workers or migrant and seasonal agricultural workers)

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

1. H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

2. Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

1. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

2. An overnight absence from the migrant workers permanent place of residence is required.

3. Members of the contractor's immediate family are not considered migrant or seasonal workers.

Immediate family includes:

Spouse Children, stepchildren, or foster children Parents, stepparents, or foster parents, or Brothers and sisters

3. Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

1. Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration's on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

2. Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.) must have their own FLC Employee Certificate. General information about http://www.dol.gov/whd/mspa/index.htm http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm http://www.dol.gov/whd/regs/compliance/whdfs78.htm https://icert.doleta.gov/ http://www.dol.gov/whd/forms/fts_wh530.htm

MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate and/or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor's responsibility to ensure the Subcontractor's information is provided to the Contracting Officer.F

5. Worker Protections

1. Worker Information Posters

1. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

2. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

2. Personal protective equipment

1. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

2. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment

3. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee.

Includes:

Head Protection Hearing Protection Eye/Face Protection Leg Protection Foot Protection Hand Protection

4. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

5. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151- 12R 2003 Personnel Protective Equipment Booklet. The booklet can be found at https://www.osha.gov/Publications/osha3151.pdf.

(Contracting Officer - only include those applicable to your project. The checklists are all inclusive, All PPE may not be required for all types of work activities)

• Manual Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

• General Machine and Vehicles Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

http://www.dol.gov/whd/regs/compliance/whdfs49.htm https://www.osha.gov/SLTC/personalprotectiveequipment/index.html https://www.osha.gov/Publications/osha3151.pdf https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

Contractor Employee List. Contractors are required to maintain and provide upon request an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

Transportation The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

See Fact Sheet #50: Transportation under the MSPA, for more information about the vehicle safety standards, driver's licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

Housing The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled 452.236-72 Use of Premises in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval.

1. Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

2. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

3. The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. Structures or improvements the contractor fails to remove within the 10 calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site.

4. Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

5. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

6. Servicing of equipment in the campsite is not permissible unless the campsite is within the project area.

http://www.dol.gov/WHD/fact-sheets-index.htm

7. Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items.

8. Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes.

9. Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition.

10. Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind

11. Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid.

The basic supplies must include:

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (such as band-aids) One package of gauze roller bandage (at least 2-inches in width) Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Medical gloves, (latex or non-latex equivalent), and Resuscitation device such as resuscitation bag, airway, or pocket mask.

12. Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water.

13. Dispose waste water away from living and eating areas and in such a way that minimizes pollution to lakes, streams, and other flowing water.

14. The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

15. If authorized to have an open fire, the Contractor shall comply with the following fire regulations:

A shovel, axe or Pulaski, a 10-quart pail, which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required.

All fire rings or outside fireplaces must be approved by the Forest Service representative.

The area must be cleared down to mineral soil for a distance of one foot outside of the ring or fireplace, and it must not have any overhanging material. Fire rings must be dismantled and material disposed prior to leaving the site.

All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph.

All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

3. Include the instructions below, Representations, certifications, and other statements of offerors or respondents. Contractors are required to provide certification of employment status as part of their representations, certifications, and acknowledgements at the time of submission of proposals/ offers/quotes.

Employment of Eligible Workers Workforce Certification

Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/) Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes:

Transporting workers Driving Housing workers Company has applied for a Certificate of Registration on ______________.

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award.

Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

(Signature) (Date)

(Printed Name) (Title) http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/mspa/