12444321Q0018 RFQ Complete.pdf

12444321Q0018

1. REQUEST NO.

5a. ISSUED BY

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

02/24/2021 1024672

1 40

1720 PEACHTREE ST NW

STE 876S

ATLANTA GA 30309-2449

USDA-FS CSA EAST 5

USDA DISTRICT RANGER

US FOREST SVC

MARIENVILLE PA 16239

MARIENVILLE

PA 16239

814 728-6288

NAME

ALAN ZERO

03/11/2021 1400 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Allegheny National Forest - Marienville Ranger District Reforestation and Wildlife Tree and Shrub Planting Contract Period of Performance: 04/19/2021 to 06/01/2021

0001 Allegheny National Forest - Marienville Ranger District Reforestation and Wildlife Tree and Shrub Planting Contract

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

SUBMIT QUOTES VIA EMAIL TO ALAN.ZERO@USDA.GOV

Service RFQ

Allegheny National Forest-MRD Reforestation and Wildlife Tree and Shrub Planting Contract PAGE 2 of 40

PART I—THE SCHEDULE

MARIENVILLE RANGER DISTRICT

ITEM ESTIMATED

NO. DESCRIPTION QUANTITY UNIT UNIT PRICE

Plant Trees and Shrubs in Accordance with Specifications

A. Shovel Plant Trees/Shrubs 485 EACH $_________

B. Auger Plant Oak 2775 EACH $ ________

C. Planting/Dibble/Hoedad Pine 22400 EACH $ _________

D. Construct Individual Fences 125 EACH $_________

E. Install Solid Tube Tree Shelter 2775 EACH $_________

F. Construct Cribs 18 EACH $_________

G. Install Conical Shelter 125 EACH $_________

TOTAL $ _________

Prospective Quoter’s Notes:

Note 1: Contractor must be registered in www.sam.gov in order to submit an offer on this project.

Obtaining a duns number and registering in SAM is free.

Note 2: There is no “Show-me” trip scheduled for this project, prospective quoters are encouraged to view the sites themselves to make their own estimate on the amount of work needed. Questions with locating specific project areas may be obtained by contacting Terry Witzel (814-927-5783/terry.witzel@usda.gov) or John Weyant (814-927-5754/john.weyant@usda.gov) at the Marienville Ranger District office, Marienville, PA. Office hours 8:00-4:30 Monday – Friday.

Note: COVID restrictions have limited public access to Government offices, email is the best method to contact us with location questions. All other questions must be submitted in writing to the Contracting Officer.

Note 3: This is a Performance Based Service Contract. Please note disincentives under Inspection Methods in Section E.

Note 4: Award of this project may be made on other factors in addition to price, please refer to sections L&M.

Note 5: Individual numbers of trees and shrub may vary + 5% on any bid item with no increase or decrease in contract price.

Note 6: Refer to Exhibit C, Detailed Information Sheet, in Section J for work that is required for each bid item.

mailto:814-927-5783/terry.witzel@usda.gov

Allegheny National Forest-MRD Reforestation and Wildlife Tree and Shrub Planting Contract

Note 7: All items must be priced in order to be considered for award. Only one award will be made.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule.

(Vendor Name) (Date)

SUBMIT QUOTES VIA EMAIL TO ALAN.ZERO@USDA.GOV

Allegheny National Forest-MRD Reforestation and Wildlife Tree and Shrub Planting Contract

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

It is the purpose of this contract to secure services for planting Government-furnished tree seedlings, shrubs, and saplings, installing Government-furnished tree shelters over planted seedlings, constructing woven wire planting cribs, constructing woven wire individual tree fences with government furnished materials. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished) and incidentals, to perform all work necessary to plant seedlings, shrubs, and sapling, and install the specified type of shelter (plastic, mesh or woven wire enclosure).

120 - Location and Description

121 - The planting areas are located on the Allegheny National Forest. A Detailed

Information Sheet is included and lists information on access. Due to road conditions in the spring, four-wheel drive vehicles may be needed to access some of the planting sites. Forest Service System Roads are marked with a signpost or some other sign marking next to the road. If the road is not marked with a sign posting, it is probably an oil and gas road and not in the best condition for driving on. Some areas may be behind a gated road and the Contractor will coordinate with the COR for gaining access behind locked gates.

122 - General planting areas are marked as described in the Detailed Information Sheet.

Crib and individual fence locations may be marked prior to planting with pin flags.

123 - Planting to be completed occurs in stands that may have varying amounts of logging slash and hardwood regeneration, which can make planting more difficult. Planting also occurs in natural and man-made openings or along edges of pipelines.

124 - The contractor shall present to the Government proof of written permission from private landowners, prior to entering private land in order to gain access to Government land to complete any work associated with this contract.

130 - Definitions

The following terms are defined for use in this contract:

131 - Plantable Spot - A plantable spot is an area from which vegetation, ash, duff, slash and debris has been or can be removed, and a tree seedling can be planted and sheltered according to all specifications contained herein.

132 - Unplantable Spot - An area within the specified spacing limits in which it is not possible to plant a tree seedling according to specifications (heavy rock, standing water as examples).

133 - Satisfactory Planted or Sheltered Tree - A tree seedling planted, and a shelter installed over that planted seedling in full accordance with all specifications as set forth herein.

134 - Unsatisfactory Planted or Sheltered Tree - A planted tree seedling and its associated shelter which fails to meet one or more of the specifications for a satisfactory planted or sheltered tree.

135 - Damaged or Wasted Government Supplies - Government supplied trees, tree shelters, fiber rod stakes, shelter ties, fencing material, and posts which are lost, damaged, destroyed or handled contrary to the specifications for care of these materials. Seedlings, shrubs, or saplings that are broken, skinned, bent, or otherwise damaged by the installation of tree shelters.

136 - Root Collar - The transition zone between stem and root. In tree seedlings, it is identified by the presence of a slight swelling. In established woody vegetation, it is the woody thickened portion of the taproot at the natural ground level of the plant.

137 - Root Crown - The point at which the root of a plant joins with the stem or stems.

138 - Scalping- The cutting of the aerial portion of vegetation at the natural ground line.

139 – Shelter Stake – Fiber Rod - A stake that is 5’ or 6’ made from fiberglass that is

3/8” in diameter. The stake is pointed on one end and flat on the other. They are installed by hammering into the ground by using nylon drive caps. The drive caps prevent splintering of the end of the rod. Note: gloves should be worn when handling fiberglass rods.

140 - Contractor Furnished Property

The contractor will furnish all tools and equipment such as planting bars, augers, shovels, post driver, scalping tools, pliers, and planting bags needed to carry and plant the seedlings. The contractor will furnish all transportation for all materials and equipment to and from the job and arrange for employees to be at the planting sites.

150 - Government-Furnished Property

151 - The Government will provide all planting stock.

152 - The Government will provide the following major parts for the tree shelters, depending upon whether traditional shelters with stakes or conical self-staking tree/shrub shelters are used.

A. A five-foot tree shelter, stake, ties to hold the stake.

B. A conical shaped self- staking tree/shrub shelter.

153 - The Government will supply all woven wire fencing materials, posts, and post ties necessary for constructing cribs and individual tree fences.

154 - The Contractor shall request Government-furnished Property from the Contracting

Officer's Representative 24 hours prior to it being needed. The contractor will pick up this property at the Marienville District Office. Upon pickup of the Government Furnished Property, loading, unloading and transportation from delivery point to the planting area is the responsibility of the Contractor.

155 - USFS Gate Key(s). For accessing areas behind locked gates. These must be returned to the Marienville Ranger District prior to approval of the final contract invoice.

156 – Contractor ID card. To be placed on vehicle dash in order that the contractor can be identified as working for the Government.

160 - Protection of Existing Structures

The contractor shall be required to protect existing improvements such as pipelines, fences, gates, water bars, plantings, nesting structures, oil/gas equipment, etc, which are located in the project area. The contractor shall be required to repair or replace such improvements if damaged as a result of their operations. Any rocks or slash removed for access must be replaced. Any water bars or dirt mounds removed for access must be rebuilt and reseeded.

170 - Vehicle Operation

ATV's (All Terrain Vehicles). ATV's may not be driven on roads open to the public. The use of any vehicles will be subject to conditions of the Motor Vehicle Use Map (MVUM) July 29, 2011. 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 designations is not permitted unless written permission is granted by the COR. See Detailed Information Sheet for work areas that ATV use is authorized. If at any time Forest Service inspections indicate that soil damage is occurring due to the use of ATV's, such use will be suspended, and the damage repaired by the contractor.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - Planting Equipment

211 - Planting Tools - Contractor's planting tools shall meet the following minimum requirements:

A. Augers - The augers used shall be capable of drilling a minimum 4-inch diameter hole to a depth 2 inches deeper than the specified root length.

Flighting on the auger shaft shall have a minimum diameter of 4 inches.

B. Scalping Tools - To do necessary spot preparation while planting, the tool selected shall be capable of cutting and removing living vegetation at the root crown. The planting spot preparation may be done in advance of actual planting.

C. Planting Bar/Hoedad - The tool used shall be capable of creating a hole to a depth of 12 inches.

D. Shovel - A spade, shovel or similar digging tool will be required to prepare a hole large enough to accommodate the root systems.

212 - Planting Bags - Planting bags shall be a light color, not retain heat, have a minimum depth of 15 inches, and be free of defects.

220 - Care of Trees

221 - The contractor shall arrange seedling pickup times with the Contracting Officer's Representative.

222 - The Contractor shall adhere to the following specifications for care and protection of tree seedlings, shrubs, or saplings in his or her possession:

A. Tree seedlings and shrubs shall always be protected from drying, heating, smothering, freezing, crushing, drowning, abrasion, rapid temperature fluctuations, animal browsing, or contact with injurious substances.

B. Tree seedlings and shrubs stored in boxes, bags, or bundles shall not be exposed to direct sunlight. Punctured or torn bags or boxes must be promptly resealed.

Containers of tree seedlings shall be opened only in full shade. Bundles, bags, or boxes shall be separated to provide free air movement.

C. Tree seedlings and shrubs shall not be removed from shipping containers until needed.

D. Tree seedlings and shrubs shall be planted without further top pruning or culling.

If pruning or culling appears necessary, or if mold, dry roots, evidence of injury or dying is seen, the condition shall immediately be reported to the Contracting Officer's Representative.

E. Root pruning is allowed when approved by the Contracting Officer's

Representative in advance on individual tree seedlings that have roots that exceed 12 inches in total length. Pruning will result in the removal of only that material needed to make the root 12 inches in length.

F. Tree seedlings or shrubs that are frozen shall not be handled until completely thawed. They shall be thawed in full shade.

G. Tree seedlings and shrubs removed from cold storage facilities shall not be allowed to stand or lay in water or snow or be covered with snow.

223 - Field Handling - Tree seedlings, shrubs, or saplings in possession of planters shall be handled in accordance with the following:

A. Tree seedlings and shrubs in planting bags shall have only their tops exposed.

B. Tree seedlings and shrubs shall not be removed from the planting bag until immediately before planting in a prepared hole.

C. Tree seedlings and shrubs shall be gently removed, one at a time, to prevent stripping or other injury, and quickly and gently inserted into the planting hole.

D. Tree seedlings and shrubs carried in planting bags shall not exceed the amount that can be carried and removed without injury, or which can be planted before critical heating or drying occur. Tree seedlings and shrubs placed in bags shall be planted out and not returned to storage. Seedlings and shrubs in planting bags shall be planted the same day they are removed from cold storage.

E. Tree seedling and shrubs roots shall always be kept wet. To facilitate this, the contractor is advised to place an inert moisture holding substance in the bottom of the planting bag along with the seedlings.

F. Planting bags shall be emptied of accumulated debris and water each time the bag is refilled with tree seedlings or shrubs.

230 – Spacing and Spot Selection

Trees shall be planted in spots distributed over the area at intervals prescribed in the Detailed Information Sheet. For individual trees planted, the specified average spacing may be varied up to 25 percent in any direction to find a suitable planting spot. If a suitable planting spot cannot be found by varying the specified spacing by up to 25 percent, the spot shall be considered unplantable and the planter shall move on to the next planting spot.

The specified number of shrubs planted in cribs will be evenly distributed throughout each crib, unless otherwise specified. Shrubs will not be planted within 24" of a crib fence walls. Shrubs to be planted in individual fences will be planted in the center of each individual tree fence.

231 - When the Contractor adjusts the spacing within the 25 percent limit, as described above, the point of reference for planting the next tree shall be the point where the adjusted tree would have been planted had spacing not been varied.

232 - Spots considered unplantable include, but are not limited to, stumps, logs, rock outcrops, permanent roadbeds, concentrations of compacted bark and debris over 8 inches in depth, clumps of heavy grass, or mounds of loose soil subject to unusual drying or erosion. Sites that contain ground water at or near the surface, and clumps of desirable vegetation (i.e. natural tree seedlings) are also considered unplantable.

233 - Number of Attempts - Should the initial attempt to create a planting hole by auger, planting bar, or shovel fail because of subsurface rocks, roots or other obstacles, a second effort shall be made in a slightly different part of the same planting spot. If this effort also fails for similar reasons, a third attempt shall be made in another part of the planting spot. If the third effort also fails, the spot shall be abandoned as unplantable.

240 - Preparing the Site

241 - Above Ground - Before preparing the planting hole, the Contractor shall clear and scalp the planting spot of all limbs, logs, debris, ash, duff, snow, frost, bark, rotten wood, rocks, roots, crowns of living plants, and other material to expose moist mineral soil and facilitate proper planting and growth of tree. Planting spot scalp dimensions are specified in the Detailed Information Sheet.

242 - Below Ground

A. Auger Planting - Planting holes shall be located near the center of the prepared area and shall be oriented at an angle between perpendicular to the slope and true vertical. The Contractor is expected to open planting holes in hard as well as easily plantable ground.

1 - A 4-inch diameter hole shall be drilled at least 2 inches deeper than the maximum seedling root length. Since the roots may be pruned back to 12 inches, the maximum hole depth required is 14 inches.

2 - The Contracting Officer reserves the right to limit the number of holes the auger operator progresses in advance of the planter.

3 - Auxiliary holes shall be drilled in cleared areas if needed to provide additional moist mineral soil to fill the planting hole. Auxiliary holes shall be drilled no closer than 9 inches from the planting hole. Auxiliary holes shall be filled in with debris or collapsed after the tree has been planted.

B. Planting Bar or Shovel - Planting holes shall be located near the center of the prepared area and shall be oriented at an angle between perpendicular to the slope and true vertical. The Contractor is expected to open planting holes in hard as well as easily plantable ground.

1 - Planting Bar - a planting bar or similar tool will be used to create a hole up to

12 inches deep, so that the hole is two inches deeper than the maximum root length

2 - Shovel - a hole up to 24 inches deep and 24 inches in diameter will be prepared so that the root system can be placed in a near natural arrangement.

250 - Tree Placement

251 - All plants shall be suspended near the center of the hole with roots in a near natural arrangement at a depth that after filling, packing, and leveling, the soil comes to a point even with the original ground line of the tree. No portion of the roots should be exposed, nor any leaves or branches covered with soil. The roots shall not be doubled up, twisted, spiraled, or bunched. The root system shall be aligned with the axis of the planting hole with all roots extending downward.

252 - Bare root tree seedlings and shrubs shall be planted to a depth such that the firmed soil level is just above (less than ½ inch) the root collar.

260 - Filling and Firming

Moist mineral soil shall be filled in and firmed around roots. Dry soil, ash, organic matter, rock, and other foreign material shall be kept out of holes. Soil shall be filled in and firmed progressively so no loose soil or air pockets remain, and seedling or shrub is as firmly planted, as soil conditions will allow. The Contractor shall not wedge the sides of the hole and firming the soil around the tree or shrub shall be done in a manner that assures the tree and root systems are not damaged. After the soil is firmed around the tree or shrub, it shall be smoothed out to the level of the surrounding mineral soil surface.

After planting, the tree or shrub stem shall be erect and free to grow. The tree or shrub shall not be weighted down with mud or debris.

270 - Description of Stock

The following is a description of the stock that is included in this contract:

Stock will generally be 12-18 inch bare-rooted hardwood, shrub and conifer seedlings; 3- 6 foot tall shrubs with well developed root systems up to 24" long; 3-7 foot tall saplings with well developed root systems up to 24" long. It is possible some stock may be containerized.

280 - Installing Tree/Shrub Shelters and Construction of Cribs and Individual Tree

Fences

281 – Installing Five Foot Tubular Tree Shelters

A. Contractor shall position the stake so that it is no more than 2 ½ inches and no less than ½ inches away from the stem of the planted seedling. The stake is then driven into the ground at an angle of no more than 10 degrees from vertical.

The stake is driven into the ground no less than 6 inches and no more than 12 inches.

B. The shelter is slipped over the seedling so that: 1) 3 ties are required (top, middle and bottom) to secure the shelter to the stake, and 2) the seedling is centered inside the shelter.

C. Contractor shall drive the base of the shelter at least 1 inch into the soil, so that:

1) the bottom of the shelter is sealed into the soil and no air can move into the shelter under the bottom edge, 2) and the shelter is not damaged. Damaged is defined as any deformation of the shelter that prevents it from operating as designed. This includes but is not limited to crumpling of the upper edge and buckling of the shelter's cylindrical shape.

282 - Installing Conical Self Staking Tree Shelters

A. Install these Tree/Shrub shelters around the shrubs.

B. Install these shelters so that the base is slightly entrenched in the soil

(approximately 1-2 inches) and firmly attached to the ground so no air space is visible. Ensure that the metal anchors for the shelter are firmly attached evenly to the ground with no obstructions such as rocks and vegetation.

C. Ensure that the shrub is maintained in an upright position and growing freely through the end of the shelter.

283 - Cribs

Cribs will be constructed to be 10 by 40 feet in size. Using 1 piece of woven wire fencing, the fence will be secured onto metal posts with four wire ties per post.

Typically, 1 roll of fencing is 330’ long and will build 3 cribs. Eight posts per crib will be vertically pounded at least 15 inches but no more than 18 inches into the ground so they are firm enough to stretch the fencing around. Fencing material shall be attached to the post, so it is taut and flush with the ground. Example in Exhibit A.

The woven wire fence is 4’ high with 6’ high posts used. Cribs will be constructed prior to planting of stock, with a side left open for access to plant, and then the side fastened and stretched shut after stock is planted.

284 - Individual Tree Fences.

Individual fences will consist of three metal posts and approximately 15 feet of fencing. Fencing will be installed and secured to the three metal posts so that the perimeter of the final fence structure will be rounded rather than triangular in shape (avoid fence corners). They will be constructed with 4-foot high woven wire fencing and three 6-foot high posts per fence to the same specifications listed above for crib construction.

Individual tree fences may be constructed before planting or immediately following planting of stock. Fencing installed after planting must ensure that the planted trees are not damaged in any way from construction of fence. Individual tree fences must be constructed such that planted stock is centered within the fence.

290 - Progress of Work

291 - The Government reserves the right to halt planting or shelter installation in any area exhibiting unacceptable planting or shelter installation conditions. If an area's soil is to dry, too wet or frozen the area is unacceptable for planting or shelter installation.

292- The contractor shall complete all required work on at least 25% of the acres awarded for each 10-15 approved working days that pass after the award date. An approved working day is defined as any day where the Government has not halted planting on all uncompleted contract items.

300 - Work Area and Equipment Clean Up

301 - The contractor shall clean up the work area in and around each contract item prior to the Government accepting the item as complete. This cleanup includes removal of all excess and discarded materials associated with the planting and shelter installation process, as well as other activities of the contractor.

302 – Contractor shall ensure that prior to moving any equipment to a work site, between work sites, and from the Allegheny National Forest, all planting equipment such as but not limited to: augers, shovels, and planting bars are free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. Off-road equipment used for transport of materials such as ATV’s and 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. The use of 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.

400 – Responsibility for 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 area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue. The Contractor is required to follow all applicable OSHA standards while working on the job site. In addition, it is required that the successful contractor utilize and supply to their employees appropriate personal protective safety equipment/clothing.

500 – Pennsylvania 811 Call

The Contractor is responsible for calling and adhering to procedures before auger planting or fence building begins at a site. Contractor needs to give his or her own phone number as the call-back number when submitting information to PA 811. Detailed directions to each site will be provided to the contractor prior to the start of work. More information can be found at: https://www.pa1call.org.

INSPECTION AND ACCEPTANCE

FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

INSPECTION METHODS

In accordance with the Inspection Clause the Government is able to inspect the entire work the Contractor performs, and the Contractor shall be required to rework any areas that are not in conformance to the requirements of this contract.

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

Performance based incentives and disincentives apply to the Government’s inspections for contract compliance.

http://www.arnet.gov/far/

Inspection will be in accordance with the standards indicated in Specification Section 200 and will be accomplished by either the COR or Inspector.

QUALITY ASSURANCE PLAN

Work Item Performance Standard

Assessment Method Incentive/Disincentive

Care of Trees In accordance with specifications 222 & 223

Visual Inspection of seedling and care methods at office site and at planting site. Random spot checks will occur at both sites.

No instances of improper care observed – continue with work under contract.

Improper care observed – stop work until corrected.

If improper care results in loss of seedlings – Contractor will be required to pay for original seedlings lost and replacement seedlings.

Tree Planting

-Spacing & Spot Selection

-Preparing the Site

-Tree Placement, Filling, and Firming

In accordance with Detailed Information Sheet and specifications 230-260.

Random check for spacing and plantable site.

Random Count of scalping areas. 90% of scalp sites check shall meet specifications

Visual and tug test.

Random check and count of seedlings. 90% of seedlings checked shall meet specifications.

90% compliance – acceptance of work.

Less than 90% compliance – work shall be stopped until 90% compliance is met through re-work.

Tree Protection – tree shelters

- Installation of 5 ft tubular tree shelters

- Installation of conical self staking tree/shrub shelters specifications 280-

Random count of tree shelter sites. 90% of shelter sites check shall meet specifications

90% compliance –

Less than 90% compliance – work shall be stopped until 90% compliance is met thru re-work.

Tree Protection – Fencing

- Constructing Cribs

- Installation of individual tree fences specifications 283, All cribs and individual fences shall be checked to see if they are constructed and installed according to specifications.

100% compliance –

Less than 100% compliance – work shall be stopped until compliance is met thru re-work.

Work Area and Equipment Cleanup

In accordance with specifications 300-

Visual inspection of planting site and area.

All excess material removed.

Visual inspection of all equipment at office site and at planting site.

Equipment shall be free of material that holds seed.

100% compliance – acceptance of work and fully payment of adequately completed planting sites.

Less than 100% compliance – work shall be stopped until 100% compliance is met.

Areas to be Inspected:

Each Project Area will be inspected as a separate unit. Units will not be averaged with other units for acceptance and payment.

Additional Information:

Corrective Actions for Poor or Late Performance: Regardless of any anticipated disincentive that may be issued at the end of the contract period, during that same contract period, the Contractor still has the responsibility to remedy all poor and/or late contract performance issues.

Termination for Default: Government issuance of a disincentive for poor contract performance is neither a settlement, nor alternative to a termination for contract default.

Conformance to Contract Requirements: If any of the work does not conform to contract requirements, the Government can require the Contractor to re-perform the work, at no increase in contract amount.

Payment/Contract Reduction: Any payment or reduction will be applied to the contract prior to final payment.

DELIVERIES OR PERFORMANCE

FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-74 Period of Performance. (Feb 1988) The period of performance of this contract is from date of contract award through June 1, 2021.

Planting shall occur during the spring after frost has left the soil. This can be very variable from mid to late April. The contract must be completed by June 1.

The Contractor shall maintain progress at a rate which shall assure completion and acceptance of work within the specified contract time.

CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at: TBD.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

http://www.arnet.gov/far/

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer.

SPECIAL CONTRACT REQUIREMENTS

FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT

AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, site preparation, and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves 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. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers.

"Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual 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.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. 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 also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay.

Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State drivers license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A worker’s compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local

Wage and Hour Division of the Department of Labor.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the following to the clause at H.8.2, subparagraph (4) Housing:

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER

PROTECTION ACT REGISTRATION (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEBRUARY 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

4G52.222-705 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

(FEBRUARY 2007)

The following provisions apply to all camping on National Forest lands during performance of this contract:

These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping is permitted within developed recreation sites or along primary recreation roads.

The campsite shall 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. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

Unless otherwise designated by the Contracting officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

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

Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

Basic first aid supplies shall be maintained, available, and under the charge of a person trained to administer first aid.