Prebid_Q&A_052319.pdf

Solicitation Number: 1224H819R0002

Allegheny National Forest Non-Native Invasive Plant Treatment IDIQ

Addendum 2 – Questions and Answers from Pre-Bid Meeting 5/23/2019

1. Question – What about the location of out-year work?

Answer – As stated in the solicitation under Location and Description – work will occur across ‘Various locations throughout the Allegheny National Forest’ and specific locations other than the 2019 Task order have not been defined at this time. Out-year locations will be determined based on available personnel, priority sites and available funding.

2. Question – What is the maximum amount of work that will be issued per task order?

Answer – The maximum order a contractor is obligated to honor in any single item is less than $250,000, or any order for a combination of items is less than $500,000 (Solicitation Page 44). The minimum order is $2,500.

3. Question – What if the cost of herbicide increases, can bid rates be adjusted?

Answer – No, please bid accordingly. Look at inflation rate calculator website listed in attachment 3 under option year pricing for assistance.

4. Question – if an item listed in the Schedule of items does not have a Rate of Infestation listed do all plants within that treatment area need to be ‘treated’ or ‘killed’?

Answer – Yes, the intent of that treatment is too remove existing vegetation to replant the entire area, for example a managed wildlife opening.

5. Question – How far will we need to haul equipment along non-motorized trail/stream item, for example?

Answer – It depends on a site, but may be up to 2 miles. Suggest looking at an Allegheny National Forest (ANF) road map and one can see there are many forest service roads that would provide some type of access in any direction to sites. Two miles, is an estimate, most sites will have access points of less distance than that.

6. Question – There is no way to know the acreage of out-year items?

Answer – No, that is the nature of an Indefinite Quantity Indefinite Delivery type of contract, which this is. Over the course of the five years (2019 being the base year) going until 2024, on average one can expect 300 – 500 acres of treatment per year, but there may be more depending on funding and personnel. Thousands of acres are not anticipated in one growing season, however.

7. Question – What is the category of worker under prevailing wage rates.

Answer – When looking at the attachments posted to FEDBIZOPS the 8000 series for forestry workers was not included. The COR stated the codes and rates that she had in her possession during the meeting, website will be updated. In the meantime go to:

www.dol.gov and look under forestry labor codes for all four ANF counties: Warren, Elk McKean and Forest.

Item Name Rate per hour Benefits Rate per hour**

Total Rates per hour

Labor Costs*

08250 - General Forestry Labor 14.23 4.18 18.41

Handwork - 08010 - Brush/Precommercial Thinner 13.71 4.18 17.89 Equipment - 08130 - Forestry Equipment Operator 19.07 4.18 23.25

8. Question – Will performance period end dates be extended if needed to complete work past September 1 due to weather?

Answer – That can be negotiated, depends on justification/site conditions at the time.

9. Question – Can work start earlier than June 1 in out-years?

Answer – Yes, work can start once leaf-out is sufficient for treatment, this year’s contract start date was due to scheduling.

10. Question – If the ANF gets the ability to use new chemicals for treatment, will we have to use them?

Answer – We do not anticipate the ability to use new chemicals until maybe the fourth or fifth year of this contract at best, and if so, we would discuss/evaluate if that would be necessary to use new chemicals under this contract.

After meeting under-cover at Tidioute, participants traveled to Economite contract area and walked through some of the more heavily infested areas into the least infested areas where a more intact forest canopy exists, COR highlighted contract specifications while walking. All bidders are encouraged to visit the 2019 treatment sites to have a better understanding of the work prior to submitting bids.

http://www.dol.gov/

WD 81-0682 (Rev.-54) was first posted on www.wdol.gov on 03/19/2019 Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Daniel W. Simms Division of Wage | Wage Determination No: 1981-0682 Director Determinations | Revision No: 54 | Date Of Revision: 03/12/2019 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Pennsylvania Area: Pennsylvania Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for forestry, land management, and the cleaning of public use areas.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 13.71 08040 - Choker Setter 16.40 08070 - Faller/Bucker 18.21 08100 - Fire Lookout 13.71 08130 - Forestry Equipment Operator 19.07 08160 - Forestry/Logging Heavy Equipment Operator 21.81 08190 - Forestry Technician 21.81 08250 - General Forestry Laborer 14.23 08280 - Nursery Specialist 19.17 08310 - Slash Piler/Burner 13.43 08340 - Tree Climber 15.03 08370 - Tree Planter 10.96 08400 - Tree Planter, Mechanical 10.96 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.48 per hour or $179.20 per week or $776.53 per month

HEALTH & WELFARE EO 13706: $4.18 per hour, or $167.20 per week, or $724.53 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the

Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.