12363N24Q4142 Combined synopsis solicitation ASPEN REGENERATION CUTTING ALLEGHENY NF.pdf

FOR OFFICIAL USE ONLY

Combined Synopsis and Solicitation

Request for Quote #12363N24Q4142 **MUST BE REGISTERED IN SAM (www.sam.gov) TO BE ELIGIBLE FOR AWARD**

Payment will be made via EFT. Invoice using IPP.Gov

FOB: X Destination Origin

Set Aside For: Large Small

Woman- Owned SDVOSB Hubzone 8(a)

(Please check all that apply)

NAICS Code: 115310 Size Standard: 45 Million

Delivery address

Date and time needed

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

**QUOTES ARE DUE BY: 09/16/2024 by 10:00PM EST** http://www.sam.gov/

PART I - THE SCHEDULE

Allegheny National Forest – Marienville Ranger District

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS: FY 2024 Aspen Regneration

Item No. Description Quantity Unit Price/Unit Total 1 Site #1 FR 487 (607001) 25.1 ACRES

Site #2 FR 564 (613031) 7.7 ACRES

Subtotal:

2 Site #11 Owls Nest (888027 &

888025) 34.0

ACRES

Subtotal:

OPTIONAL BID ITEMS

Site #3 FR 376 (672005) 2.5 ACRES

Site #4 FR 377 (672006) 4.7 ACRES

Site #5 FR 135/FR 393 (894011) 2.5 ACRES

Site #6 FR 136 (903021) 6.6 ACRES

Site #7 Owls Nest (888040) 2.0 ACRES

Site #8 Owls Nest (888027) 4.6 ACRES

6 Site #9 FR 348 (888037) 3.4 ACRES

Site #10 FR 348/FR 135 (888014) 5.5 ACRES

Subtotal:

Item Totals: $ $

Offerors Notes:

A one-day pre-bid field meeting will occur on-site for all potential bidders. One or more areas may be visited. Otherwise, on-site individual inspections are encouraged prior to placing a bid. Since the work entails tree cutting, bidders are encouraged to look at the site and determine workload for cutting. Offerors should visit and access the sites, assess required work, and examine parking areas. For directions to a site contact Dan Tollini at (814)-927-5751 on the

Marienville Ranger District. The contact information is for site directions only. Questions must be submitted to the

Contracting Officer in writing.

This Solicitation, with Estimated Period of Performance 09/23/2024 to 03/25/2025.

Please review the attached documents and provide pricing information on the Schedule of Items included in the solicitation - page 2.

Also, please ensure you can complete all work described in the Statement of

Work/Specifications.

If interested in competing for this opportunity:

ALL QUOTES SHALL BE EMAILED TO:

CHAD.BULLOCK@USDA.GOV; DARLENE.CHASE@USDA.GOV:

B_01_QU.8ojvd5w32b94i3vi@u.box.com on or BEFORE September 16, 2024, 10:00 AM

EASTERN TIME.

Since all documents will be submitted to me electronically. Follow this naming convention for your attachments and keep the subject line the same or just reply all to this email.

23Q43xx-R9-VendorName-Quote.

Be sure to fill out all required documentation.

REMINDER: CLOSE DATE FOR THIS NOTICE: 9/16/2024 BY 10:00AM EST

*All Contractors must be registered as active in SAM at the time of quote submission. https://sam.gov/content/home mailto:CHAD.BULLOCK@USDA.GOV mailto:B_01_QU.8ojvd5w32b94i3vi@u.box.com https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsam.gov%2Fcontent%2Fhome&data=05%7C02%7CDarlene.Chase%40usda.gov%7C9f4bbeb69e28468821c008dcb22bd595%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C638581149241743348%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=RjwXSuMqvbhjvRhtTGvJqT1z3WzTMPJ%2FMkZNaKA%2F%2BoQ%3D&reserved=0

DESCRIPTION/SPECIFICATION/WORK STATEMENT

Aspen Regeneration

Allegheny National Forest

Marienville Ranger District

SECTION C SPECIFICATIONS

DIVISION 100 – GENERAL SPECIFICATIONS

110 - Scope of Contract

The intent of this contract is to:

1. Regenerate Aspen by felling trees within a project site boundary.

2. Smaller non-aspen stems less than 6 inches dbh may be cut starting September 23, 2024 through March 15, 2025 and again September 1, 2025 through March 15, 2026. Tree cutting in Site #11 must be started in September 2024.

3. Large Tree felling (greater than 6 inch dbh) will occur from December 15, 2024 through March 15, 2025 and December 15, 2025 through March 15, 2026; when temperatures are less than 50 degrees Fahrenheit for all aspen and larger tree stems greater than 6 inches diameter at breast height (dbh).

4. Once cutting in a Site is started, it must be completed in its entirety within one cutting season. For example, a portion of one site cut in the winter of 2024/25 cannot have the remainder of the same site completed in winter of 2025/26. Site(s) must be completed within the winter season they are started.

5. The contractor shall furnish all labor, equipment, supervision, transportation, supplies

(except those designated as Government-furnished) and incidentals, to perform all work necessary to complete this contract.

Vicinity and Site-Specific Maps of the project site/aspen location are attached.

120 – Location, Size, and Description of Bid Item

The aspen regeneration sites are located on the Marienville Ranger District on the Allegheny

National Forest. Please note that the GPS location is the center of the treatment area in decimal degrees. The specific sites are located in:

Site Acres Warrant Township County GPS Location

(decimal degrees)

Site #1

FR 487 (607001)

25.1 5190 Hickory Forest 41.544786 N

-79.381995 W

Site #2

FR 564 (613031)

7.7 5194 Kingsley Forest 41.537462 N

-79.320871 W

Site #3

FR 376 (672005)

2.5 3643 Jenks Forest 41.428656 N

-78.876956 W

Site #4

FR 377 (672006)

4.7 3643 Jenks Forest 41.428656 N

-78.876956 W

Site #5

FR 135/FR 393

(894011)

2.5 1568 Highland Elk 41.460895 N

-78.864899 W

Site #6

FR 136 (903021)

6.6 1571 Spring Creek Elk 41.428656 N

-78.876956 W

Site #7

Owls Nest (888040)

2.0 3654 Highland Elk 41.428656 N

-78.876956 W

Site #8

Owls Nest (888027)

4.6 3654 Highland Elk 41.428656 N

-78.876956 W

Site #9

FR 348 (888037)

3.4 3657 Highland Elk 41.470391 N

-78.873542 W

Site #10

FR 348/FR 135

(888014)

5.5 3657 Highland Elk 41.470247 N

-78.866610 W

Site #11

Owls Nest (888027

& 888025)

34.0 3657 Highland Elk 41.474679 N

-78.878154 W

• Site #1 FR 487 (607001): From the town of Tionesta, PA proceed on SR 4004-2 approximately

6.4 miles east. Turn left on FKI 357 travel approximately 0.4 miles and turn left on FR 487 and proceed 0.75 miles on FR487. At this point the road is no longer drivable. Proceed an additional 0.4 miles to the site that is located at the end road corridor.

• Site #2 FR 564 (613031): From the town of Tionesta, PA proceed on SR 4004-2 approximately

7.6 miles east to the intersection of FR 564. Site is located less 0.1 miles from FR 564 and located parallel to SR 4004-2.

• Site #3 FR 376 (672005): From the town of Marienville, PA proceed east on FJE 333

(Lamonaville Road) for 2.4 miles to intersection of FR 376. Turn right on FR 376 proceed to the end of the road. Proceed .15 miles on hiking trail and then approximately 0.15 miles east through woods to site. Alternative access includes via FR 377 is possible.

• Site #4 FR 377 (672006): From the town of Marienville, PA proceed east on FJE 333

(Lamonaville Road) for 3.1 miles to intersection of FR 377. Proceed south on FR 377 for 0.15 miles. Site is located through the woods approximately 0.05 miles. FR 377 also serves as an alternate access for FR 376 site.

• Site #5 FR 135/FR 393 (894011): From the village of Highland Corners, PA proceed southwesterly on EHI 313, for 3.3 miles to the village of Sackett. Turn left on EHI 458 and proceed 4.3 miles south to Owls Nest and turn left on FR 135 and proceed approximately 1.3 miles to intersection of non-system road. Site is approximately 0.2 miles south walk on non-system road.

• Site #6 FR 136 (903021): From the village of Highland Corners, PA proceed southwesterly on EHI 313, for 3.3 miles to the village of Sackett. Turn left on EHI 458 and proceed 4.3 miles south to Owls Nest. Proceed south approximately 2.7 miles on FR 136. Site is located approximately 0.25 miles walk southeast through the woods.

• Site #7 Owls Nest (888040): From the village of Highland Corners, PA proceed southwesterly on EHI 313, for 3.3 miles to the village of Sackett. Turn left on EHI 458 and proceed 4.3 miles south to Owls Nest and turn left on FR 135 and proceed approximately 0.1 miles. Walk to site approximately 0.1 miles on non-system road.

• Site #8 Owls Nest (888027): From the village of Highland Corners, PA proceed southwesterly on EHI 313, for 3.3 miles to the village of Sackett. Turn left on EHI 458 and proceed 4.3 miles south to Owls Nest and turn left on FR 135 and proceed approximately 0.1 miles. Walk to site approximately 0.3 miles on non-system road just past large opening.

• Site #9 FR 348 (888037): From the village of Highland Corners, PA proceed southwesterly on EHI 313, for 3.3 miles to the village of Sackett. Turn left on EHI 458 and proceed 4.3 miles south to Owls Nest and turn left on FR 135 and proceed approximately 0.45 miles to the intersection of FR 348. Proceed north on FR 348 for approximately 0.3 miles. Site is near or/and along road.

• Site #10 FR 348/FR 135 (888014): From the village of Highland Corners, PA proceed southwesterly on EHI 313, for 3.3 miles to the village of Sackett. Turn left on EHI 458 and proceed 4.3 miles south to Owls Nest and turn left on FR 135 and proceed approximately 1.1 miles. At this point there is a non-system road that proceeds in a northwesterly direction.

Walk along on-system road and through the woods 0.25 miles in a northerly direction to site.

Site is located east of FR 348 which may serve as alternate access.

• Site #11 Owls Nest (888027 & 888025): From the village of Highland Corners, PA proceed southwesterly on EHI 313, for 3.3 miles to the village of Sackett. Turn left on EHI 458 and proceed 4.3 miles south to Owls Nest and turn left on FR 135 and proceed approximately 0.2 miles to the intersection with the ATV Trail. Walk on ATV trail 0.3 miles to large site.

121 - Accessibility

Forest Service System Roads are marked with a sign-post or some other sign marking next to the road. If the road is not marked with a sign-post, it is a Non-Forest System Road and permission will be required by the contractor to access the road. A list of owners for these roads can be provided after award of contract. The use of any vehicles will be subject to conditions of the Motor Vehicle Use Map (MVUM)

September 30, 2016. The MVUM shows which roads, trails and areas of the National Forest that are designated for motor vehicle use pursuant to 36 CFR 212.51. Use outside of the MVUM road designations is not permitted unless written permission is granted by the COR. Access may be difficult in the winter season due to ice and snow cover.

130 - Meetings

The successful vendor will be contacted prior to work commencing to discuss details of work, location, priorities, etc. The Contracting Officer (CO) and Contracting Officer Representative (COR) are authorized to give verbal orders to the contractor authorizing work to be accomplished.

140 - Notification

The Contractor is required to keep the CO/COR or designated Inspector informed of their daily work schedule and physical location of their work force to permit timely inspections of accomplished work.

The Contractor shall also notify the CO at least monthly of the progress being attained on this project.

This notification can be either oral or written.

150 - Safety

It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the Contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that unit and the contractor should contact the CO/COR immediately. Work on other units of the contract that the Contractor views as safe may continue.

Contractor is required to follow all applicable OSHA standards (CFR 29), while working on the job site.

In addition, it is recommended that the successful contractor utilize appropriate personal protective safety equipment, which includes, but is not limited to, hard hats, chaps, boots with non-slip soles, ear protection, eye protection, reflective vests, and hand protection while working on project items.

Contractor must keep the Government representative informed as to current site work and must be especially alert to vehicular traffic during field operations.

No trees shall be intentionally felled across roads or trails that are open for public travel. Consult

COR for trees that cannot be felled safely.

If the contractor encounters nails in trees from man-made structures such as old trees stands, stop work, and notify the COR and an assessment will be made on the tree to determine if it can be felled safely.

160 - Maintenance for Traffic Safety

Existing roads and trails shall be kept open to all traffic by the contractor while work is progressing.

Appropriate warning signs to the public will be displayed for sites that may affect roads and trails.

Some of the Work areas may be adjacent to open public roads or trails and contractor will at times may have to post flagman on roadways near portions of the work site.

170 - Vehicle Operation and Access

The Forest Service may, during the administration of this contract, direct the Contractor to temporarily halt work when: vehicles and/or equipment are causing excessive soil damage such as rutting/soil erosion on roads and/or other damage to work areas until ground conditions improve.

The Government assumes no obligation to plow snow or do special maintenance to keep roads open. An actual visit to the sites prior to bidding is encouraged to view the access to the project areas. The

Contractor is responsible for any damage caused by their operations.

The contractor will display a placard, visible at all times in their vehicle indicating that they are working as a government contractor on the forest. The placard will be issued by the COR.

180 - Progression of Work

181 - The Contractor is required to inform the COR or Contract Inspector of where and when work will commence. Tree cutting in Site #11 must be started in September 2024

182 - The Contractor shall inform the COR when the site is completed.

183 - To avoid damaging sensitive or valuable resources the Contractor is required to halt operations and contact the COR or Contract Inspector and have the issue resolved on site if: the site appears inconsistent with instructions or maps, boundaries are questionable, requirements or restrictions are unreasonable to complete the work safely and without damaging the resource(s).

DIVISION 200 – TECHNICAL SPECIFICATIONS

220 – Site Boundary

All boundaries will be painted with an orange two stripe. The orange paint will face into the unit. No boundary trees shall be cut or damaged.

230 – Felling Treatment and Specifications:

All tree species over 1 foot tall not marked as boundary or reserve trees shall be cut. Trees required to be cut shall be completely severed from the stump and lie flat on the ground (or as close to horizontal as permitted). No trees tops shall be left hanging in standing trees. Trees should be felled into the unit and their tops distributed for maximum coverage and overlap within the unit. Any portions of trees felled outside of the unit (outside the marked boundary) should not be left hanging/suspended more than five feet in height.

Native conifers and mast-producing shrubs should not be cut.

All Invasive trees and shrubs, no matter the height, should be cut.

Snags shall not be cut, unless they are deemed unsafe to contractor operating in their vicinity.

Smaller non-aspen stems less than 6 inches dbh may be cut starting September 1, 2024 through March 15, 2025 and again September 1, 2025 through March 15, 2026. Tree cutting in Site #11 must be started in

September 2024.

Large Tree felling (greater than 6 inch dbh) will occur from December 15, 2024 through March 15, 2025 and December 15, 2025 through March 15, 2026; when temperatures are less than 50 degrees Fahrenheit for all aspen and larger tree stems greater than 6 inches diameter at breast height (dbh).

231 – Reserve Trees

Trees ringed with fluorescent green paint indicates reserve trees and shrubs that shall not be cut or damaged. These include but are not limited to: apple trees/saplings, oak, and other less common trees and shrubs. Avoid damage to fruit trees and other residual trees remaining using directional felling techniques. There shall be no leaners or damage to adjacent reserve trees with release work.

232 - Stump Heights

Maximum cutting height is six inches, unless otherwise stated to the Contractor in writing by the

Contracting Officer's Representative (COR) due to unusual circumstances. Stumps will not exceed six inches on the high side, preferably lower. Stump sprouts (multiple stems) will be cut as close to the ground as possible. Angular stump cuts will not be allowed.

240 - Equipment

The Contractor will provide cutting tools and equipment that are suitable for the job. This equipment shall be limited to chainsaws, prunning saws(gas powered or hand), and brushcutters. All gas powered tools are to be equiped with appropriated working safety guards and spark arrestors. No wheeled/tracked equipment or vehicles or soil disturbing equipment is permitted for felling trees.

250 - Slash Disposal

Slash created by the Contractor's operations shall be removed 15 feet away from the following features:

R-O-W & ditch line private land fence maintenance trails historic railroad grades well openings fences/wildlife plantings old skid trails oil/gas lease roads stream courses pipelines roads seeps power lines recreational trails

No slash shall be left hanging in trees and slash will be laid horizontal to the ground and distributed evenly throughout the unit.

260 - Protection of Existing Structures

The contractor shall be required to protect existing improvements such as roads (including state, township, Forest service system or OGM non-system woods roads), private property lines, electric lines, pipelines, fences, gates, trail signs, buildings, water bars, plantings, nesting box structures, oil/gas equipment, hunting tree stands etc., which may be located in the project area. The contractor shall be required to repair or replace at their expense such improvements if damaged as a result of their operations. This includes replacing and re-seeding water bars and earthen barricades, roadside ditches, culverts and signs if disturbed as a result of this contract. Any rocks or slash removed for access must be replaced.

261 - Trees with tree stands that are utilized for hunting should not be cut and the contractor shall avoid damage to tree stands which are present within or adjacent to the aspen units while felling nearby trees

Contractor should notify the COR when a tree stand is encountered.

262 - Cultural resource reviews have been conducted. If during the execution of this contract the operator disturbs a cultural resource site, work must cease in the general area and the Contract Inspector or COR notified immediately.

270 – Special Requirements

Contractor is required to post traffic control flagman/watchers for any tree that could potentially fall on to open public roads or trails.

280 - Work Area and Equipment Clean Up

281 - The contractor shall clean up the work area in and around the work site prior to the Government accepting the item as complete. This cleanup includes removal of all excess and discarded materials associated with the project, as well as other activities of the contractor.

282 – Contractor shall ensure that prior to moving any equipment to a work site, between work sites, and from the Allegheny National Forest, all equipment such as but not limited to: vehicles, chainsaws, pruning saws, and loppers are free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. Off-road equipment if used for transport of materials such as trailers shall also be free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. Equipment shall be considered free of soil, seed and other such debris when a visual inspection does not disclose such material.

Disassembly of equipment components or specialized inspection tools is not required. Cleaning of equipment may entail brushing or hosing off. Detergents or other cleaning agents are not to be used unless they are used at a car wash or other facility equipped for water catchment and treatment.

Equipment is not be cleaned in streams, ditches or other waterways. If the contractor desires to clean the equipment on National Forest land, the contractor and Forest Service shall agree on locations for the cleaning.

290 - Time of Performance

See 110 - Scope of Contract and 230 – Felling Treatment and Specifications for size, species, and season(s) for the time of performance.

Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2024-05

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/

The following contract clauses apply to this acquisition:

FAR 52.212-4, “Contract Terms and Conditions–Commercial Items”

FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive

Orders”

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular; updated through FAC 2024-02 dated May 22, 2024.

Basis of award: Best Value

Schedule Notes:

a) Quantities shown are estimates only. Invoicing and payment based on actual quantities.

b) Quantiles not used or funded in a previous year, may be used in a following year at the applicable new option year financing.

c) Ultimate base contract value shall not exceed initial award value.

Description of Requirement:

Regenerate Aspen by felling trees within a project site boundary.

(ii) Date(s) and Place(s) of Delivery and Acceptance/Location

Estimated Period of Performance: September 23, 2024, through

March 25, 2024 The following subparagraphs of FAR 52.212-5 are applicable:

(i) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders- Commercial Products and Commercial Services (OCT 2022)

(DEVIATION 2017- 1, DEVIATION APR 2020, and DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) https://www.acquisition.gov/ clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section

1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(l)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate

I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

IXI (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

□(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf

IXI (9) 52.209-6, Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C.

6101note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

□ (11) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (13) [Reserved]

☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☒ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

[Contracting Officer check as appropriate.]

☒ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☐ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15

U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☐ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☐ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

☒ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (Oct 2022) of 52.225-1

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-

53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I [Reserved]

☐ (iii) Alternate II (Dec 2022) of 52.225-3.

☐ (iv) Alternate III (Jan 2021) of 52.225-3.

☐ (v) Alternate IV (Oct 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

Contracting Officer check as appropriate.]

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the

Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage

Determination

Employee Class Monetary Wage/Fringe Benefits

Forestry Technician $25.29 per hour

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

(41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(ii) Additional Requirements/Terms and Conditions:

Clauses:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code

Maintenance 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only because of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 calendar days of contract expiration.

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (AUG 2018)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR

1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB

1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with

52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/agar

Deviations to clauses may be viewed at: Policies & Regulations USDA\

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation

(48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation

(48 CFR 4) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures

(SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the

Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Provisions:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG

2020)

52.237-1 Site Visit (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the

Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Provisions:

https://www.acquisition.gov/browse/index/far (FAR Provisions begin with

52) Department of Agriculture Acquisition Regulation (AGAR) Provisions:

https://www.acquisition.gov/agar (AGAR Provisions begin with 452)

Deviations to provisions may be viewed at:

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR

Chapter 1) provision with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48

CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Employment of Eligible 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.

http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/agar http://www.dol.gov/whd/mspa/index.htm http://www.foreignlaborcert.doleta.gov/ 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.

▪ 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.

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

▪ Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

1. Spouse

2. Children, stepchildren, or foster children

3. Parents, stepparents, or foster parents, or

4. 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 http://www.dol.gov/whd/regs/compliance/whdfs78.htm

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