1240LQ21R0009-0001_TermsA-E.pdf

Solicitation No. 1240LQ21R0009-0001 San Juan National Forest Dolores RD Turkey Cultural Class III Inventory Page 5 of 32

Notice(s):

(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR

Subpart 12.6, FAR Subpart 13.106 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

ITEM (i) DEVIATION. This solicitation will use the Commercial Contract Format in accordance with FAR 12.303.

This contract format adds a DEVIATION to the order: Section herein has the schedule of items for the contractor to provide unit and total costs. Section B will contain the Summary/Statement of Work.

(ii) This solicitation issued on 06/03/2021 is issued as a Request for Proposal (RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2021-04.

(iv) This procurement is set aside for Total Small Business. The NAICS code is 541720, Research and

Development in the Social Sciences and Humanities. The Small Business Size Standard is $22.00M.

(v) Schedule of Items/Price Schedule. See Excel attachment D5.

(vi) Description of requirements for the items to be acquired. See Section B herein and Attachment D1.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point. Sections B.3 and B.4.

(viii) Provision 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. See Section L for the applicable addenda to the provision.

(ix) Provision 52.212-2, Evaluation-Commercial Items, contains the specific evaluation criteria to be included in Section E.1 of this solicitation. Paragraph (a) outlines the addenda of that provision.

(x) Offerors are required to include a completed copy of their Representations and Certifications in response to this solicitation. All contractors should have an ACTIVE registration in SAM. See Section E.1 for further instructions and requirements. If the offeror has completed the FAR representations and can be accessed, the offeror must complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Addenda to the clause can be found in Section C.

(xii) Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition.

(xiii) All requirement(s) and/or terms and conditions necessary for the performance of this work are included herein, which incorporates all attachments identified in Section D of this solicitation/contract.

(xiv) Reserved.

(xv) Offers in response to this solicitation are due 06 July 2021 NLT 2359 MT and should be emailed to klenise.wallace@usda.gov.

(xvi) For information regarding this solicitation, contact klenise.wallace@usda.gov, John.Chmelir@usda.gov, AND michelle.stevens@usda.gov.

mailto:klenise.wallace@usda.gov mailto:John.Chmelir@usda.gov mailto:michelle.stevens@usda.gov

Dolores RD Turkey Cultural Class III Inventory Page 6 of 32

Continuation of SECTION A, SF 1449

Blocks 27 (a) and (b): The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/browse/index/far.

Non Discrimination Statement: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

**STOP. Please input pricing on the Excel Spreadsheet provided with Attachments and return in Excel. **

Base Items

19.

Item No.

20.

Schedule of Supplies/Services (Description)

21.

Quantity

22.

Unit of

Measure

23.

Base Items Unit Price

24.

Base Items Total Price

1 Unit 1 - Class III survey 1476 Acres $0.00 $0.00 2 Unit 2 - Class III survey 967 Acres $0.00 $0.00 3 Unit 3 - Class III survey 1128 Acres $0.00 $0.00 4 Unit 4 - Class III survey 1420 Acres $0.00 $0.00

TOTAL BASE ITEMS $0.00

Optional Items

19.

Item No.

20.

Schedule of Supplies/Services (Description)

21.

Quantity

22.

Unit of

Measure

23.

Option Item Unit Price

24.

Option Item Total Price

5 Unit 1 - Class III survey 2510 Acres $0.00 $0.00 6 Unit 2 - Class III survey 1595 Acres $0.00 $0.00 7 Unit 3a - Class III survey 858 Acres $0.00 $0.00 8 Unit 3b - Class III survey 518 Acres $0.00 $0.00 9 Unit 3c - Class III survey 313 Acres $0.00 $0.00

10 Unit 4a - Class III survey 916 Acres $0.00 $0.00 11 Unit 4b - Class III survey 545 Acres $0.00 $0.00 12 Unit 5 - Class III survey 32 Acres $0.00 $0.00

TOTAL OPTIONAL ITEMS $0.00

****Please input pricing on the Excel provided schedule of items. CONTINUE to read contract Statement of Work. **** https://www.acquisition.gov/browse/index/far

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SECTION B – STATEMENT OF WORK

B.1 SUMMARY OF WORK

The purpose of the inventory is to identify, record and evaluate all cultural sites within the APE that are listed, eligible or potentially eligible for listing on the National Register of Historic Places (NRHP). Thus, “evaluate” means each discovered cultural site should be measured against the criteria for listing on the NRHP. The Summary Report will serve as a medium for submitting the findings to the SHPO and will serve as confirmation that the Forest Service has met the requirements contained in Section 106 of the National Historic Preservation Act of 1966.

The data collected is the precursor to the San Juan National Forest, Dolores Ranger District-s proposed plan to conduct vegetation management across approximately 12,278 acres in 11 separate project areas within the Salter EA analysis area and one project area within the Aspen EA analysis area. Proposed vegetation management undertaking and treatments include sanitation/salvage, pre-commercial thinning, commercial thinning, single tree selection treatments, oak thinning, reforestation, and pile burning. The Optional Unit 5 undertaking is the proposed construction of stock ponds consisting of a basin, dam, and spillway, and access. Direct ground disturbance up to approximately 200 ft. x 180 ft. (0.8 acres) in size and up to approximately 15 feet deep, and an additional 20 ft. area around the pond to allow for equipment to maneuver during construction. The pond and dam will be constructed by scraping soil to form a basin with a berm on the downstream edge.

At minimum, the work under this contract would be for the completion of Class III cultural resource inventories and site evaluations to address the following:

Assist the San Juan National Forest with compliance mandates established in Section 106 and Section 110 of the National Historic Preservation Act (NHPA).

Conduct field inventories, site recording, site evaluations, evaluation of potential effects, all associated documentation, inventory reports, and artifact curation must meet standards defined by the Colorado State Historic Preservation Office (CO-SHPO) including use of the Office of Archaeology and Historic Preservation (OAHP) forms, and the COMPASS database system (https://gis.colorado.gov/compass/).

Provide inventory reports that include discussions of preliminary management recommendations associated with the proposed undertaking. The Forest will utilize the information to make final management recommendations in consultation with the CO-SHPO, Indian Tribes, and other interested parties.

This project requires that the contractor conduct Class III intensive inventories meeting CO-SHPO standards (https://www.historycolorado.org) for survey areas identified under this contract for compliance with Section 106 of the National Historic Preservation Act. The Class III inventories will include large block surveys for vegetation management projects, such as timber sales and prescribed fire, and smaller dispersed block and linear survey locations for a variety of other resource program inventories.

Optional Items: Bid options will be awarded at the discretion of the Government, based on continuing need, price reasonableness, and availability of funding. Award will be based on the contract total value, which considers base and optional items combined.

452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

B.2 SCOPE OF WORK

All field notes, reports, forms, maps, electronic data, photographs or digital images, any artifacts collected, and any data generated from this procurement are considered property of the United States and will be submitted to the COR with the final Addendum Report at the conclusion of the project. Per the provisions of the 1979 Archaeological Resources Protection Act, as amended, all computer files generated or gathered as a result of this project will be deleted from all non-federal computers used by the contractor or his/her subcontractors immediately following https://gis.colorado.gov/compass/

Dolores RD Turkey Cultural Class III Inventory Page 8 of 32 submission of the final report.

During the project, reasonable precautions will be taken to avoid the disclosure of site locations to all but authorized personnel. Reference the Contract Specifications in Section D.

B.2.1 Performance of the Work

The Contractor Shall:

1. Design and carry out all necessary field surveys, do archival research as necessary to evaluate the NRHP eligibility of cultural sites discovered during the field inventory, prepare site record forms, and make recommendations regarding National Register eligibility for all sites discovered within the project area.

2. Summary Reports of Investigations summarizing the methods and results of the inventory according to the report guidelines provided by the OAHP.

3. Perform all necessary technical analyses, edit the documents for logical construction, grammar and spelling, prepare project area maps, photographs and other appropriate graphics, and provide draft and final documents to the Forest Service for submittal to the CO-SHPO.

4. Conduct Class III intensive inventories meeting CO-SHPO standards (https://www.historycolorado.org) for survey areas identified in task orders under this contract for compliance with Section 106 of the National Historic Preservation Act. The Class III inventories will include large block surveys for vegetation management projects, such as timber sales and prescribed fire, and smaller dispersed block and linear survey locations for a variety of other resource program inventories. Large scale inventories in support of vegetation management projects and conducted under the Programmatic Agreement Among the United States Forest Service, Rocky Mountain Regional Office, Pike- San Isabel National Forest and Cimarron and Comanche National Grasslands, Routt National Forest, San Juan National Forest and the Colorado State Historic Preservation Officer Regarding Vegetation Management Undertakings should be incompliance with this Programmatic Agreement (Section J - Attachment 1).

5. Test and/or evaluate previously recorded sites located within the Area of Potential Effect for a project but not necessarily within identified survey locations. The contract specifications describe the types, numbers, and locations of sites to be evaluated. Sites may be in previously adequately surveyed locations.

6. Identify and document the type and extent of any impacts currently occurring on each site recorded and/or evaluate as part of each task order.

9. Submit bi-weekly progress reports for long term projects (30 days or more) or weekly reports for short term projects that document accomplishments and identify items requiring field consultation with the assigned Forest Service Contract Officer Representative (COR).

10. Submit to the appropriate COR in electronic format the end of fieldwork report, and draft and final cultural resource inventory reports which include documentation of survey coverage and cultural resources recorded, evaluations of site eligibility for the National Register of Historic Places (NHPA), all site and isolated find forms and associated maps and photographs, and preliminary management recommendations. The report shall meet CO-SHPO standards. Deliverables will be submitted and uploaded to the U.S. Forest Service external Pinyon/Box folder (https://usfs.app.box.com); the specific folder will be shared with the contractor at the pre-work meeting for each task order.

11. Submit site and survey location data in an approved electronic format to the San Juan National Forest as part of each task order.

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12. Curate artifacts, records, and other support documents with Canyons of the Ancients Museum, Dolores, Colorado.

13. Prior to commencing fieldwork, submit to the COR for review and approval a Fieldwork Authorization Form that will include the proposed plan of work that describes the schedule for submission of deliverables, estimated number of person-days for fieldwork, and strategies for accomplishing the scope of work defined in each task order issued under this contract. The Plan of Work should also include the Contractor’s Quality Control Plan (See Individual Task Orders).

B.3 LOCATION

This is work is located in multiple areas throughout Montezuma and Dolores Counties. Geographic locations, also available in the attached map, are listed below.

Base Unit 1

The legal location for this unit is:

Township 39 North, Range 14 West, Sections 4, 5, 6, 7, 8, 9 Township 39 North, Range 15 West, Sections 1, 12

Base Unit 2 The legal location for this unit is:

Township 39 North, Range 14 West, Section 7, 8, 17, 18, 19 Base Unit 3 The legal location for this unit is:

Township 39 North, Range 14 West, Section 17, 18, 19, 20, 30 Township 39 North, Range 15 West, Sections 24, 25

Base Unit 4 The legal location for this unit is:

Township 39 North, Range 14 West, Section 17, 20, 21, 29, 30 Township 39 North, Range 15 West, Sections 25, 36

Optional Unit 1 The legal location for this unit is: Gen

Township 40 North, Range 12 West, Sections 6 Township 40 North, Range 13 West, Sections 1 Township 41 North, Range 12 West, Section 16, 17, 18, 19, 20, 29, 30, 31, 32

Optional Unit 2 The legal location for this unit is:

Township 39 North, Range 14 West, Section 1, 2, 3, 9, 10, 11 Township 40 North, Range 14 West, Sections 34, 35, 36

Optional Unit 3a The legal location for this unit is:

Township 39 North, Range 14 West, Section 15, 16, 21, 22 Optional Unit 3b The legal location for this unit is:

Township 39 North, Range 14 West, Section 21, 22, 27, 28 Optional Unit 3c The legal location for this unit is:

Township 39 North, Range 14 West, Section 14, 15, 22 Optional Unit 4a The legal location for this unit is:

Dolores RD Turkey Cultural Class III Inventory Page 10 of 32

Township 39 North, Range 14 West, Section 10, 11, 12, 13, 14, 15 Optional Unit 4b The legal location for this unit is:

Township 39 North, Range 13 West, Section 6 Township 39 North, Range 14 West, Section 1, 2, 11, 12

Optional Unit 5 The legal location for this unit is:

Township 38 North, Range 15 West, Section 7, 8 Township 39 North, Range 14 West, Section 3 Township 40 North, Range 14 West, Section 27, 33, 34

B.4 PERIOD OF PERFORMANCE

The anticipated work start date is 12 July 2021.

452.211-74 Period of Performance (FEB 1988) The anticipated period of performance is from 12 July 2021 through 18 March 2022.

452.211-75 Effective Period of the Contract (FEB 1988) The period is 109 calendar days after the issuance of the notice to proceed effective date.

*CO includes additional time at the end of the performance period to allow adequate time for Government inspection and acceptance, contractor submission of final and invoice and preparation for administrative closeout actions to include receipt of final invoice and release of claims.

The Contractor shall start work promptly after receipt of a Notice to Proceed (NTP). The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. If more than one area is available for planting, the Government may prescribe the planting sequence.

B.4.1 Unsuitable Conditions Whenever the Contracting Officer Representative determines that the ground conditions, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing.

Contract time will resume on the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

B.4.2 Work Completed After The Performance Period If the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

Dolores RD Turkey Cultural Class III Inventory Page 11 of 32

B.4.3 Suspension Of Work For Other Than Government Convenience The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety standards. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-15, Stop Work Order, and shall not qualify for equitable adjustment.

B.5 DELIVERABLES

The contract period shall begin July 12, 2021. The start date may be adjusted depending on weather conditions, access, and ground visibility (i.e. remaining snow load) within the inventory area. The inventory area must be 80% snow free and reasonably dry prior to the commencement of fieldwork.

Base Unit 1 Draft deliverables, including a draft report; draft site and isolate forms; GIS shapefiles of site data, site boundaries, and inventory area boundaries; maps; and photographs shall be received by the Contracting Officer’s Representative (COR) by November 1, 2021. Draft deliverables will be submitted and uploaded to the U.S. Forest Service external Pinyon/Box folder (https://usfs.app.box.com); the specific folder will be shared with the contractor at the pre-work meeting.

Base Unit 2 Draft deliverables, including a draft report; draft site and isolate forms; GIS shapefiles of site data, site boundaries, and inventory area boundaries; maps; and photographs shall be received by the COR by December 13, 2021. Draft deliverables will be submitted and uploaded to the U.S. Forest Service external Pinyon/Box folder (https://usfs.app.box.com); the specific folder will be shared with the contractor at the pre-work meeting.

Base Unit 3

Draft deliverables, including a draft report; draft site and isolate forms; GIS shapefiles of site data, site boundaries, and inventory area boundaries; maps; and photographs shall be received by the COR by January 17, 2022. Draft deliverables will be submitted and uploaded to the U.S. Forest Service external Pinyon/Box folder (https://usfs.app.box.com); the specific folder will be shared with the contractor at the pre-work meeting.

Base Unit 4 Draft deliverables, including a draft report; draft site and isolate forms; GIS shapefiles of site data, site boundaries, and inventory area boundaries; maps; and photographs shall be received by the COR by February 14, 2022. Draft deliverables will be submitted and uploaded to the U.S. Forest Service external Pinyon/Box folder (https://usfs.app.box.com); the specific folder will be shared with the contractor at the pre-work meeting.

If Base Units 1 through 4 are awarded as part of the initial contract award, then the draft and final deliverables may be submitted together in one Addendum Report

Draft deliverables, including a draft report; draft site and isolate forms; GIS shapefiles of site data, site boundaries, and inventory area boundaries; maps; and photographs shall be received by the COR by January 17, 2022. Draft deliverables will be submitted and uploaded to the U.S. Forest Service external Pinyon/Box folder

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(https://usfs.app.box.com); the specific folder will be shared with the contractor at the pre-work meeting.

Optional Units If the optional unit is exercised, the due date for draft deliverables, including a draft report; draft site and isolate forms; GIS shapefiles of site data, site boundaries, and inventory area boundaries; maps; and photographs will be mutually agreed to by the contractor and the Forest Service Contracting Officer. The due date for optional unit draft deliverables will be dependent on the point relative to the summer 2022 field season at which the optional unit is exercised. The scope of the Addendum Report will be mutually agreed to by the contractor and the Contracting Officer.

Upon receipt of the draft deliverables, the COR will have 14 calendar days to review and provide comments to the contractor for finalization of the deliverables. Upon receipt of the draft deliverables review e-mail, the contractor will then have 14 calendar days to make changes and submit the final deliverables, including the final report; final site and isolate forms; GIS shapefiles of site data, site boundaries, and inventory area boundaries; maps; and photographs.

Draft deliverables will be submitted and uploaded to the U.S. Forest Service external Pinyon/Box folder (https://usfs.app.box.com); the specific folder will be shared with the contractor at the pre-work meeting.

B.6 INSPECTION AND ACCEPTANCE

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. See FAR Clause 52.212-4(a) contained herein.

Field research, artifact analysis (in-field only), the Final Report or Final Addendum Report, and site and isolate forms are to meet professional archaeological standards set forth in the Colorado OAHP guidelines as determined through review by the Contracting Officer and/or the COR.

Reports must contain the information mentioned above and must be written in a style that is clear, concise, and most importantly, well organized and easy to use. Poor writing, poor organization, poor production, insufficient information, etc. are grounds for rejection of the report. Legal descriptions in the report must agree with those shown on maps and figures. All inventory locations, sites, and isolates mentioned in the report must be shown on the report maps and vice versa.

Appropriate knowledge of the prehistory and history of the Forest and region must be demonstrated by use of correct terminology, dating, and citation of classic standards as well as the most recent publications pertinent to the cultural resources of the Forest.

Additional standards and requirements may be established at the time the contract is awarded and will be discussed by the Contracting Officer and/or the COR and the contractor at the time the contract is issued.

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B.7 SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

B.7.1 Fire Prevention and Safety

B.7.1.1. Fire Prevention Fire prevention shall be exercised at all times by the Contractor and his/her employees. All combustible materials shall be used and stored in a safe manner. The contractor shall report to the CO/COR any fire hazards and, if possible, correct them. Fire prevention shall be exercised at all times by Contractor and his/her employees. All combustible material shall be used and stored in a safe manner. Contractor shall report to the COR any fire hazards, and if possible, correct them.

B.7.1.2. Contractor Safety Plan Requirements

The Contractor shall have a Safety Plan in place.

The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

The Safety Plan should be available to all employees and subcontractors working on the contract.

The Safety Plan should cover at a minimum:

a. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract.

b. Personal Protective Equipment required for the work under the contract.

c. Identify appropriate OSHA requirements for the type of work under the contract.

d. Weather considerations for the time of year of the contract.

e. Communication issues and locations of the nearest medical facilities.

f. Name and point of contact information of supervisor responsible for enforcing Safety Plan.

g. Name, position title and point of contact information of company executive responsible for approving the

Safety Plan.

h. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

B.7.2 Wage Determination(S) The Service Contract Act Wage Determinations for this contract are SCA WD 2015-5433, Rev 16, Dated 12/21/2020 and SCA WD 2015-5435, Rev 13, Dated 12/21/2020.

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B.7.3 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.

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 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 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 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 http://www.dol.gov/whd/regs/compliance/whdfs49.htm

Dolores RD Turkey Cultural Class III Inventory Page 15 of 32 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.

5. Worker Protections

1. Worker Information Posters 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.

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 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).

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

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:

1. Head Protection

2. Hearing Protection

3. Eye/Face Protection

4. Leg Protection

5. Foot Protection

6. Hand Protection 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.

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

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

3. 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.

6. 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.

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

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7. 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.

8. 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.

o 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.

o 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.

o 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.

o 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.

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

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

o 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.

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

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

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

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Tweezers Adhesive tape Medical gloves, (latex or non-latex equivalent), and Resuscitation device such as resuscitation bag, airway, or pocket mask.

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

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

o 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.

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

1. 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.

2. 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.

3. 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.

B.8 CONTRACT ADMINISTRATION DATA

B.8.1 Forest Service Representatives The Contracting Officer (CO) for this contract is Klenise Wallace, reachable at klenise.wallace@usda.gov or desk phone 970-444-5009. The Contracting Officer has full warrant authority and will be the signatory as well as point of contact for all further communication for administrative matters during the solicitation and post contract award until otherwise stated.

The contract technical point of contact/Contracting Officer Representative (COR) is John Chmelir, reachable at john.chmelir@usda.gov or desk phone at 970-882-6833. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

The Government technical monitor (GTM) is Michelle Stevens, reachable at michelle.stevens@usda.gov or desk phone 719-468-7069.

B.8.2 Payments Forty percent (40%) of the contract will be paid once the fieldwork summary and associated maps and shapefiles are submitted for review.

Thirty percent (30%) of the contract will be paid once the draft deliverables (draft Addendum Report, photographs, draft site and isolate forms, maps, and shapefiles) are submitted for review.

Thirty percent (30%) of the contract will be paid upon acceptance of the final deliverables (two hard copies of the final Addendum Report, two hard copies of the site and isolate forms, one electronic copy of the final Addendum Report in Adobe PDF format, one electronic copy of all site and isolate forms, all electronic image files, and shapefiles).

B.8.3 Invoices The following supplements the invoice terms contained within FAR 52.212-4(g) contained herein.

mailto:michelle.stevens@usda.gov

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Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror(s) is required. It will be scheduled within 30 calendar days after the date of contract award. The conference venue will be shared with all offerors post the announcement of contract awardees.

SECTION C – CONTRACT CLAUSES

FAR and AGAR Clauses: Description & Date:

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT

2020) 52.212-4* Contract Terms and Conditions-Commercial Items (OCT 2018) 52.212-5* Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan

2021) 52.217-6* Option for Increased Quantity.

52.217-7* Option for Increased Quantity-Separately Priced Line Item.

52.217-8* Option to Extend Services (Nov 1999) 52.217-9* Option to Extend the Term of the Contract (Mar 2000) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC

3903 and 10 USC 2307) 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) 52.245-9 Use and Charges (APR 2012) 52.252-2* Clauses Incorporated by Reference (FEB 1998) 52.252-6* Authorized Deviations in Clauses (NOV 2020) 52.253-1 Computer Generated Forms (JAN 1991) 452.211-74** Period of Performance (FEB 1988) https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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452.215-73** Post Award Conference (NOV 1996) 452.228-71* Insurance Coverage (NOV 1996) 452.237-74** Key Personnel (FEB 1988) *Full Text Available Below this Table ** Full Text Available in Another Section of this Contract

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been…