12569R18Q0006_OTT_Botany_Surveys_Solicitation.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DATE

February 14, 2018

9. ISSUED BY CODE

10. THIS ACQUISITON IS

USDA FOREST SERVICE

LSAT CONTRACTING

820 RAINS DRIVE

GLADSTONE, MI 49837

|_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

|X| SMALL BUSINESS |_| Women Owned Small

BUSINESS (WOSB)

|_| HUBZONE SMALL |_| Economically Disadvantaged Women-Owned Small Business (EDWOSB)

|_| SERVICE-DISABLED VETERAN- |_| 8(A) NAICS:115310

OWNED SMALL BUSINESS

Size Standard:$7.5M

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

same as 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

IPP – INVOICE PROCESSING PROGRAM

DUNS NUMBER:_______________________

E-MAIL ADDRESS:______________________

TELEPHONE N0.________________________

|_| SEE ADDENDUM

OTTAWA NATIONAL FOREST – BERGLAND PRESQUE ISLE & DRUMLOID RIDGE PROJECT BOTANY FIELD SURVEYS

Enter pricing on “Offer Submission Package” enclosure.

One or multiple Contracts will be awarded from this solicitation as a Best Value to the Government.

Please submit entire Offer Submission Package to acaliguri@fs.fed.us or to the address in block 9 above. Sign and date the SF1449 Form and return with Submission Pages.

(Use Reverse and/or Attach Additional Sheets as Necessary)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

ANNETTE CALIGURI

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

BERGLAND PRESQUE ISLE AND DRUMLOID RIDGE PROJECTS BOTANY FIELD SURVEYS

PART I - SCHEDULE OF ITEMS

Ottawa NF, Gogebic, Iron and Ontonagon Counties Bergland, Bessemer, Iron River and Watersmeet Ranger Districts

The USDA Forest Service is seeking Botanist contractors to survey 50,535 acres for rare plants on the Ottawa National Forest in 2018 and 2019. Bid Items 1, 2, 3, 4 and 5 each require two field visits (spring and summer) in the drier cover types and three field visits (spring, summer and fall) in the mesic cover types. These field visits cover the spring (approx. May 15-June 15), summer (approx. June 16-July 31) and fall (approx. August 1-Sept. 15) blooming periods. Drier cover types for this contract include the following: jack pine; red pine; quaking aspen; bigtooth aspen; paper birch; aspen-white spruce/balsam fir; balsam fir-aspen/paper birch; and white spruce/balsam fir. Mesic cover types include the following: eastern white pine; eastern white pine-hemlock; hemlock; northern red oak; mixed lowland hardwoods; northern hardwoods-hemlock; red maple (dry site); sugar maple; sugar maple-basswood; sugar maple-beech/yellow birch; sugar maple-northern red oak; and mixed upland hardwoods.

Surveys will follow Ottawa National Forest Botany Program Protocol, i.e. controlled intuitive or meander basis. Survey areas are identified on the attached maps for bidding purposes (see Attachments). Additional paper maps will be provided to the selected contractor(s) at the pre-work meeting, for use in the project. These additional maps will show the survey stands over aerial photography and over topography and provide other details such as known invasive plant infestation locations.

(10,274 for 3 visits; 3262 for 2 visits)

(8,061 for 3 visits; 477 for 2 visits)

(10,219 for 3 visits; 2108 for 2 visits)

(8,508 for 3 visits; 457 for 2 visits)

(6,905 for 3 visits; 263 for 2 visits)

Stands shown on the attached maps show the approximate size, spatial arrangement, location, and forest types to be included in the surveys. Please provide a price for the bid items. To avoid being awarded more work than can be accomplished within the contract period, offers may be qualified to limit the maximum number of Items that will be accepted. To avoid being awarded less work than desired, offers may also be qualified to limit the minimum number of Items that will be accepted. Offers may also indicate they are on an "all or none" basis. Contractor must sign below and provide all information requested in this solicitation.

Signature Date

DUNS Number: __________________________________

Taxpayer ID Number: _____________________________________

MSWPA Identification Number: _______________________________________

For any technical information concerning this solicitation please contact:

Susan Trull Forest Botanist Ottawa National Forest

E6248 US 2

Ironwood, MI 49938 906-932-1330, Ext. 312 strull@fs.fed.us

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Scope of Contract The purpose of the contract is to survey specified areas of the Ottawa National Forest for the presence of Regional Forester’s Sensitive plants, State of Michigan listed plants, other plants of potential viability concern, and priority non-native invasive plants. Surveys of the selected areas will be conducted two to three times during the 2018 and/or 2019 growing seasons, with the number of surveys specified by stand and cover type (the majority of stands require three visits total). The Contractor shall progressively accomplish the work at a rate that will result in completion of the contract within the time specified. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, and incidentals (except those designated as Government-furnished property listed in Section G).

Description and Location All surveys will occur on the Ottawa National Forest in Gogebic, Iron and Ontonagon Counties, Michigan. Stands selected for surveys are shown on the attached maps. The legal descriptions of the survey stands are as follows:

T42N R12E Sections 17, 18, 20-22 T43N R37W Sections 1-11, 14-18 T43N R38W Sections 1-16, 22-25 T43N R39W Sections 1, 12 T44N R37W Sections 29-35 T44N R38W Sections 25, 29-36 T44N R39W Sections 25, 36

T44N R37W Sections 8-17, 19, 20, 22-28, 30, 34-36

T44N R37W Sections 1-4, 9, 10 T45N R36W Sections 22, 26-28, 30-35 T45N R37W Sections 23-26, 34, 35

T48N R44W Sections 1-14, 16-22, 26-28, 30, 34 T48N R43W Sections 6-8, 18 T49N R44W Sections 27, 34-36 T49N R43W Section 31

T49N R43W Sections 26, 34-36 T49N R42W Sections 7, 17-20, 30-32

Bidders are urged to inspect the Bid Items and work area prior to submission of a bid. It is impossible to describe fully the area, work problems, and other conditions that may be factors in submitting a bid. Only by physical inspection can the prospective bidder be assured of the existing conditions. Before any contract work is started, the Contracting Officer's Representative (COR) will arrange for a pre-work conference to discuss contract provisions and specifications.

Performance Requirements The Contractor and the Contractor's employees (if applicable) must be able to identify all the species of vascular plants on the attached list of rare plants and the attached list of invasive plants of the Ottawa National Forest. (The Regional Forester’s Sensitive Species list for the Ottawa National Forest includes several bryophytes and lichens; these are not required survey species under this contract.) These specifications will pertain to all items contained within this contract.

The Contractor will complete the following tasks:

Pre-field review The Contractor shall review topographic maps, aerial photographs, compartment maps, stand type and other information prior to field work to select the most likely rare plant habitat areas within the survey stands. Species abstracts (e.g. from Michigan Natural Features Inventory at http://web4.msue.msu.edu/mnfi/explorer/index.cfm); floras; and other relevant information should be used to determine which listed species are likely to occur in the survey areas.

The Contractor shall select access routes and check with COR if there are access concerns. Access in the Drumloid Ridge Project is reasonable. The Drumloid Ridge survey stands do include some large contiguous blocks. Access in the Bergland Presque Isle project is more problematic, with wet, poor condition roads on clay soils. In particular, note that there is no bridge across the Presque Isle River on the Underwood Tower Road, just north of Highway M28. Access to survey stands in the T48N R44W Sections 9-10 area, for example, would be accessed from FR 210 (Jack Spur Road) all the way north and back over west to Underwood Tower Road; this is a poor condition route on private lands (commercial forest act lands so road can be used) which can take a full hour to traverse. The river is shallow where the bridge is missing and could be forded on foot, or on foot carrying a bicycle for another option. Fording with an ATV is illegal.

Cross-country OHV travel is not permitted on the Ottawa National Forest. The Motor Vehicle Use Map (MVUM) for the Ottawa shows roads that are open for use by vehicle class; contractors are expected to follow this map unless negotiated otherwise with the Contracting Officer (CO) for administrative use of selected roads. Requesting this use (e.g. for ATV) may be desirable to shorten hiking distances.

Field surveys The Contractor shall determine habitat relationships and phenology for each of the taxa on the attached lists and survey most intensively within the project area stands where and when the species under consideration are likely to be found. The Contractor shall make a good faith effort to distribute searches throughout all potential community types or habitats where rare plant taxa may be found, and to do so at the times of the year appropriate to identify the plants. A good faith effort will require three field visits to a general area in order to cover the various blooming periods (phenology) of vascular plants (except as noted above for drier cover types). Spring surveys shall be conducted during May 15-June 15, summer surveys during June 16 to July 31, and fall surveys during August 1 to September 15, approximately.

The Contractor will conduct surveys on a controlled intuitive or meander basis. That is, crisscross the stand while detouring to the most likely habitats for listed plants, such as rich forest areas, inclusions of rock outcrops, wetlands, etc. The Contractor will provide a list of plants and characteristics of the communities for the project area using Ottawa National Forest Botany Program forms (see attachments). The Contractor will record survey routes with a handheld GPS unit (NAD83) and submit routes electronically in a format compatible with Ottawa GIS and computer systems (format will be discussed at pre-work meeting).

If a rare plant population is located, information about the plant identity, number of individuals, precise location, area of coverage by population, and habitat characteristics will be recorded on Michigan Natural Features Inventory's (MNFI) site forms. Field notes or field-completed paper forms must be transcribed by the contractor onto the MNFI fillable (pdf) form for submission to the Ottawa NF, and should be submitted electronically to the COR. These forms will be shared with MNFI for state-listed species.

Vouchers and/or photographs will be collected as appropriate and will be given to the Forest. Photographs should be at no higher resolution than 2400x3000 pixels to avoid extremely large files (typically this equates to a camera setting of ~7 mp; 4-5 megapixel setting will suffice for habitat shots).

Rare plant locations must be recorded using a GPS unit in NAD83 decimal degrees format (handheld, readily available GPS unit; survey grade is not required). Maps showing locations of the few previously documented rare plant populations in the project area will be provided to the contractor but are not included in the solicitation (these include for Drumloid Ridge: Carex assiniboinensis, Thelypteris noveboracensis, Clematis occidentalis, Botrychium oneidense, Polygonum careyi, Salix pellita, putative Callitriche heterophylla, and planted sites of Vaccinium cespitosum and Zizania aquatica; and for Bergland Presque Isle: Viola novae-angliae ssp. novae-angliae).

If a population of an Ottawa non-native invasive plant (NNIP) species of concern is found, information about the plant identity, number of individuals, location, infestation extent and habitat characteristics will be recorded on the Ottawa National Forest Weed Reporting form (see attachments). Alternatively, an Excel spreadsheet may be used; this option would need to be discussed with COR at the pre-work meeting. See attached NNIP list for reporting requirements by weed species including which species require locations to be recorded using a GPS unit. Maps showing locations of documented NNIP will be provided to the contractor but are not included in the solicitation.

In addition, the Contractor shall:

a) Provide at the pre-work meeting a survey plan, to include approximate dates for surveys, survey locations, and approximate acreage to be covered on a daily basis, surveyor names and so on.

b) Report survey progress to the COR on a bi-weekly basis by e-mail or telephone.

c) Complete the Forest data sheets as directed in the protocol (final copies printed legibly in ink or typed; electronic versions of the forms will be provided to the selected contractor and electronic form submission is preferred), including noting the presence of unusual communities.

d) For locations of plants on the 2018 Ottawa “rare plant list” (attached), complete the Michigan Natural Features Inventory (MNFI) special plant forms to provide data on population size, vigor, threats, etc. Associated species should be listed by scientific name to species epithet, not to genus unless distinguishing features (flowers/fruits) are lacking. Non-vasculars may be listed as “moss”, “lichen” if no further identification can be made. Directions should be adequate that the site could be relocated, including description of landmarks that could be used in relocation (see below for monumenting directions). Habitat description should be detailed, conveying a mental image of the features rather than “rich hardwoods” or similar brief descriptions. Completion of the form includes providing a copy of a topographic map with population location shown. Final copies of the forms must be typed into the MNFI fillable (pdf) form. Blank forms are available from the MNFI website at http://web4.msue.msu.edu/mnfi/contact/Special_Plant_Form.pdf, and a master copy will be provided to the contractor. Rare plant discoveries should be reported to the COR within 5 business days, along with a GPS reading for the site and number of individuals (MNFI form does not have to be completed within the 5 days, although it is often easiest to complete a draft field form when the population is found).

e) If the rare species population can support it (based on Contractor's professional judgment), the Contractor will collect and prepare one good quality voucher specimen (unmounted) with label for submission to the Forest (it will be forwarded to the University of Michigan Herbarium). Labels must be typed and follow standard format (a sample label is shown below). If the contractor holds a Michigan collection permit, include the number on the label (below collector name) and provide a copy of the permit with the voucher.

PLANTS OF THE OTTAWA NATIONAL FOREST (MICHIGAN)

Penthorum sedoides L.

Gogebic Co.: T48N R44W Section 23

Common on edge of backwater in Presque Isle River at Highway 28 crossing, southeast side. With Scirpus cyperinus, Polygonum sp., Acer rubrum seedlings. Fruits reddish.

A.B. Smith 557 12 July 1999

f) Mark rare plant locations in the field with color-coded flagging provided to the Contractor, in a visible but discreet manner.

g) For small populations, where, in the Contractor’s professional judgment, it would be difficult to relocate the population using handheld GPS readings (accurate to about 50 feet under tree canopy) and description of landmarks, complete an additional monumenting process as follows. Locate three live and healthy-appearing witness trees, at least 5 inches in diameter at breast height, close to the rare plant population but in varying directions from the population. Record the species and dbh of these witness trees. Then measure and record the distance from the population to each of the three trees, and the bearing from the population to the tree. For example, the site record might read “8 inch red maple at 34 feet and 70 degrees, 12 inch white spruce at 25 feet and 180 degrees, 5 inch balsam at 15 feet and 290 degrees”. At the base of the three witness trees, nail a metal tag in the direction facing the population. Tags and nails will be supplied to the contractor. (Contractor must supply compass and measuring tape.)

h) Provide 3-5 good quality, higher resolution digital photographs of each rare plant taxon located, with 2-3 showing the plant and diagnostic characters in detail and 1-2 showing the plant in its habitat. Provide photos in .jpg format at resolution no greater than 2400x3000 pixels (less is fine for habitat photos). Provide additional photos if the identity of the plant is enigmatic (e.g. Botrychiums).

i) Notify the COR of any high priority or new invader weed locations within 7 days of observation (unless they are already documented, and information on documented sites will be provided to Contractor at pre-work meeting).

j) A stand tracking form shall be completed for each bid item, showing dates surveyed and habitat notes for all stands included in the contract. See attachments for sample form. This must be submitted in electronic form as an Excel spreadsheet (the sample in the solicitation attachments is a pdf, the Excel version will be provided to the selected contractor). This is the most important data form (other than MNFI forms); data expectations for this form will be discussed at the pre-work meeting. Since it must be typed, rows and columns can be made larger to accommodate lengthy comments.

k) For Drumloid Ridge only (bid items 1-3), if Pennsylvania sedge (Carex pensylvanica) is observed growing as an extensive “lawn” in the stand, record this in the stand notes with a comment as to the approximate percentage of the stand with this lawn. This sedge inhibits tree regeneration and may require the stand to have special treatment. It helps the silviculturist to know the presence of this condition early in the planning process.

l) If Asclepias species are observed in a stand, record species on the stand tracking form along with a note as to abundance. These milkweeds are the host plant for the at-risk monarch butterfly; the Forest seeks information on distribution.

m) If white, bur, or scarlet/northern pin oak trees are observed (Quercus alba, Q. macrocarpa, Q. coccinea/ellipsoidalis complex), record the number and species of trees and take a GPS reading for the location. Include this information in the comment field on the stand tracking form.

n) If evidence suggests the presence of earthworms, record this by stand on the stand tracking form. Evidence could include well-depleted or missing duff in areas where it would be expected (for example, no duff is expected in a small drainway); earthworm castings; or worms observed (in heavily wormed areas, kicking the leaves away or digging down slightly often exposes a worm). Please also note the type of evidence observed on the stand tracking form. All earthworms on the Ottawa NF are non-native and invasive; the Forest seeks information on their distribution. (The COR can show photos of infested ground or show samples in the field.)

o) Other items to record in stand-by-stand comments include rock outcrops observed in the stand, very large trees, fire scars, extent of down wood, presence of embedded wetlands, steep slopes, deer blinds or other human debris, type of understory, anything unusual. Alternatively, a stand may be very typical of its type with nothing to record other than “typical sugar maple stand”.

The Contractor shall report all the information requested on the survey forms (which will be provided as Excel or MS Word files or fillable pdfs at the pre-work meeting; in the solicitation they are attached as pdfs for simplicity). Field versions shall be copied onto a final version, in ink, or typed (electronic submission is preferred), according to the Botany Program Protocol. These completed forms showing stand survey coverage; habitats surveyed; time spent in the field and in plant keying; and listing all species found by habitat; comprise the final reports for each project. Vouchers, photographs, MNFI forms and NNIP forms shall be submitted by the end of September in each survey year. Habitat/general forms, species forms, and stand tracker forms should be submitted at the end of the contract (that is, 2018 if all surveys are completed, or in Sept. 2019 if surveys are scheduled in 2018 and 2019).

During the performance of this contract, the Contractor is requested to contact the COR to report any unusual sightings such as large stick nests, artifacts or heritage sites (that are not already marked with flagging or in obvious ways), or other special features.

Commencement, Prosecution, and Completion of Work

The Contractor shall be required to a) commence work under this contract on or about May 15, 2018, b) prosecute the work diligently, and c) complete all field work by September 15 of each year. Deliverables will be provided to the COR by September 30, 2018, and September, 2019.

Inspection Inspection will be done as work progresses to insure compliance with contract terms, conditions, and specifications. This will include the COR or alternate COR joining the Contractor periodically during field surveys and reviewing field data sheets and GPS routes of completed surveys. Any work not being properly performed will be brought to the immediate attention of the Contractor. The Contractor shall take prompt corrective action for any deficiencies or deviations that may occur under this contract.

After the Contractor informs the Government that work has been completed, the Government will perform a prompt final inspection and advise the Contractor of acceptance or rejection of the work performed.

Acceptance Acceptance of work for all items requires that all contract requirements are met including field reporting sheets are completely filled out, species identifications fall within known or likely distribution ranges (or vouchers are collected and verified), and any voucher specimens are correctly and completely prepared and labeled. Submitted GPS routes should show passage through all stands. If original inspection results are unacceptable, the Contractor must continue work until results are acceptable or request a re-examination. This request must be made in writing within 5 days of notice of unacceptable work.

Contract Time Notification of award will be issued on or about May 1, 2018. Contract period will be May 8, 2018 through October 15, 2019 (this allows time for COR review and discussion with Contractor after deliverables are submitted by Sept. 30).

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.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Government-Furnished Property

The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government-Furnished Property” clause.

1) Ottawa National Forest map.

2) Ottawa National Forest current Motor Vehicle Use Maps (MVUM) covering the project areas.

3) Compartment/stand maps for the bid items (same as attached in solicitation).

4) Topographic maps, 1 copy of each quad covering the bid item: Drumloid South-Land O Lakes, Imp Lake, Phelps, Smokey Lake, Golden Lake; Drumloid Central-Beechwood, Golden Lake; Drumloid North- Beechwood, Golden Lake, Lake Mitigwaki, Winslow Lake ; BPI West-Thomaston, Tula, Merriweather; BPI East- Merriweather, Bergland, Bergland NE. Please return at end of contract unless worn out.

5) Aerial photography for the survey stands.

6) Shapefiles of stand outlines to upload to GPS units (we have tested this process with various Garmin units, but do not know if it will work with other brands of mapping GPS units). Alternatively, centroids for survey stands can be provided for uploading to GPS units.

7) Flagging to mark rare plant locations (return excess at end of contract).

8) Tags and nails for monumenting small populations (return excess at end of contract).

9) Master paper copies of the data sheets to be used, which may be photocopied for use in the field, as well as the electronic data forms for final reporting (on cd).

10) List and map of documented rare plants and NNIP in project area.

Data collected and reports prepared under this contract are the property of the USDA Forest Service. Data publication is prohibited without prior consent of the USDA Forest Service, Ottawa National Forest and the USDA Forest Service reserves the right to edit any potential publications. The USDA Forest Service will be acknowledged in any publications using such data.

Payment Procedure

a) Specific payment procedures will be discussed between the contractor and Contracting Officer prior to the initiation of contract work.

b) Upon inspection and approval by the Contracting Officer's Representative, payment will be rendered.

c) Invoices must be entered into the IPP (Invoice Processing Platform) at https://www.ipp.gov

Post Award Conference

A post award (pre-work) conference with the successful offeror(s) is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at the Ironwood Supervisor’s Office. A post field-work, closeout meeting is also required. It will be held at the Ironwood Supervisor’s Office; alternatively, it may be possible to hold this meeting by conference call.

Site Visit

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

Sustainable Acquisitions

The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov

Engine oils, fuel conditioners, gasoline fuel additives, toner, ink

Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

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

If workers are hired under the H2B 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

a) 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.

b) 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.

i. 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.

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

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

· Spouse

· Children, stepchildren, or foster children

· Parents, stepparents, or foster parents, or

· Brothers and sisters

c) 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

a) 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.

b) 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 or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor’s responsibility to ensure the Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters

i. 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.

ii. 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.

b) Personal protective equipment

i. 29 CFR 1910 Subpart I, OSHA's 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).

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

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

· Head Protection

· Hearing Protection

· Eye/Face Protection

· Leg Protection

· Foot Protection

· Hand Protection

iv. 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.

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

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

1. Manual Logging and Forestry Related activities: https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

2. General Machine and Vehicles Logging and Forestry Related activities: https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

c) 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.

a) 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.

b) Contractor Employee List. Contractors are required to provide/maintain 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.

7. Transportation

a) 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.

b) See Fact Sheet #50: Transportation Under 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

a) 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.

b) 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.

i. 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.

ii. 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.

iii. 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.

iv. 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.

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

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

vii. 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.

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

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

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

xi. 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 (band-aids)

· One package of gauze roller bandage (at least 2-inches in width)

· Two triangular bandages

· Scissors

· At least one blanket

· Tweezers

· Adhesive tape

· Latex gloves, and

· Resuscitation device such as resuscitation bag, airway, or pocket mask.

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

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

xiv. 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.

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

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

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

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

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

SAFETY AND HEALTH

SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, a safety plan, as applicable to the work scope. Personal protective equipment (PPE) will be work at all times while on the treatment area. Unsafe work practices could result in a “Stop Work” order being issued by the Contracting Officer or further penalties.

PART II--CONTRACT CLAUSES

The full text of a Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGAR) clause or provision may be accessed electronically at http://www.acquisition.gov/far/

CONTRACT CLAUSES

FAR 52.202-1 Definitions (NOV 2013) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.212-4 Contract Terms and Conditions--Commercial Items (JAN 2017) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013) FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.232-1 Payments (APR 1984) FAR 52.232-8 Discounts for Prompt Payment (MAY 1997) FAR 52.232-11 Extras (APR 1984) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-25 Prompt Payment (JAN 2017) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.233-1 Disputes (MAY 2014) FAR 52.233-3 Protest after Award. (AUG 1996) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) FAR 52.238-12 Cleaning Up (APR 1984) FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.243-1 Changes –Fixed-Price (AUG 1987) FAR 52.246-4 Inspection of Services – Fixed-Price (AUG 1996) FAR 52.246-20 Warranty of Services. (MAY 2001) FAR 52.245-1 Termination for Convenience of the Government (APR 1984) FAR 52.249-8 Default (APR 1984)

AGAR 452.224-70 Confidentiality of Information (FEB 1988) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-77 Emergency Response (NOV 1996) AGAR 452.237-74 Key Personnel (FEB 1988) AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2018)

(a) The Contractor shall comply with the following Federal…