00_Sol_Cont_Rev1_R2_Veg_Mngt_IDIQ_Amend_01.pdf

Solicitation 1282BH19R0001 Rev1 R2 Vegetation Management Services IDIQ Page 4 of 53

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SCHEDULE OF ITEMS

DO NOT COMPLETE THIS SECTION

BASE YEAR Award Date – 14 January 2020

Manual Vegetation Treatment Line Items

Item No.

Description Unit of

Measure Zones Bid

Maximum Unit Price

001 Manual Thinning Acre

002 Lop and Scatter Acre

003 Pruning Acre

004 Girdling Acre

005 Manual Piling Acre

006 Pile Covering Acre

007 Hand Fireline Construction Feet

008 Hazard Tree Felling Acre

009 Fuels Pullback Acre

Mechanical Vegetation Treatment Line Items

010 Mechanical Thinning Acre

011 Chipping Acre

012 Mastication Acre

013 Mowing Acre

014 Mechanical Piling Acre

015 Yarding and/or Decking Acre

016 Mechanical Fireline Construction Feet

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OPTION YEAR ONE (OY1) 15 January 2020 – 14 January 2021

Manual Vegetation Treatment Line Items

Item No.

Description Unit of

Measure Zones Bid

Maximum Unit Price

101 Manual Thinning Acre

102 Lop and Scatter Acre

103 Pruning Acre

104 Girdling Acre

105 Manual Piling Acre

106 Pile Covering Acre

107 Hand Fireline Construction Feet

108 Hazard Tree Felling Acre

109 Fuels Pullback Acre

Mechanical Vegetation Treatment Line Items

110 Mechanical Thinning Acre

111 Chipping Acre

112 Mastication Acre

113 Mowing Acre

114 Mechanical Piling Acre

115 Yarding and/or Decking Acre

116 Mechanical Fireline Construction Feet

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OPTION YEAR TWO (OY2) 15 January 2021 – 14 January 2022

Manual Vegetation Treatment Line Items

Item No.

Description Unit of

Measure Zones Bid

Maximum Unit Price

201 Manual Thinning Acre

202 Lop and Scatter Acre

203 Pruning Acre

204 Girdling Acre

205 Manual Piling Acre

206 Pile Covering Acre

207 Hand Fireline Construction Feet

208 Hazard Tree Felling Acre

209 Fuels Pullback Acre

Mechanical Vegetation Treatment Line Items

210 Mechanical Thinning Acre

211 Chipping Acre

212 Mastication Acre

213 Mowing Acre

214 Mechanical Piling Acre

215 Yarding and/or Decking Acre

216 Mechanical Fireline Construction Feet

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OPTION YEAR THREE (OY3) 15 January 2022 – 14 January 2023

Manual Vegetation Treatment Line Items

Item No.

Description Unit of

Measure Zones Bid

Maximum Unit Price

301 Manual Thinning Acre

302 Lop and Scatter Acre

303 Pruning Acre

304 Girdling Acre

305 Manual Piling Acre

306 Pile Covering Acre

307 Hand Fireline Construction Feet

308 Hazard Tree Felling Acre

309 Fuels Pullback Acre

Mechanical Vegetation Treatment Line Items

310 Mechanical Thinning Acre

311 Chipping Acre

312 Mastication Acre

313 Mowing Acre

314 Mechanical Piling Acre

315 Yarding and/or Decking Acre

316 Mechanical Fireline Construction Feet

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OPTION YEAR FOUR (OY4) 15 January 2023 – 14 January 2024

Manual Vegetation Treatment Line Items

Item No.

Description Unit of

Measure Zones Bid

Maximum Unit Price

401 Manual Thinning Acre

402 Lop and Scatter Acre

403 Pruning Acre

404 Girdling Acre

405 Manual Piling Acre

406 Pile Covering Acre

407 Hand Fireline Construction Feet

408 Hazard Tree Felling Acre

409 Fuels Pullback Acre

Mechanical Vegetation Treatment Line Items

410 Mechanical Thinning Acre

411 Chipping Acre

412 Mastication Acre

413 Mowing Acre

414 Mechanical Piling Acre

415 Yarding and/or Decking Acre

416 Mechanical Fireline Construction Feet

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK.

The services of this contract are designed to provide for fuels reduction, and timber stand improvement in Region 2 National Forests or on adjacent to R2 where cross boundary services can achieve project objectives.

This includes furnishing labor, supervision, equipment, transportation, operating supplies (except those designated as Government furnished), and incidentals to perform all work necessary as listed in the schedule of items. This work may include cutting standing dead or alive and or downed and dead material laying on the ground or as specified in the task order.

C.2 LOCATION AND DESCRIPTION.

Work is located within USDA Forest Service Region 2. The work will be performed on U.S. Forest Service administered lands, or adjacent lands. Location maps where the work activities are to be performed will be provided at pre-award site visits and in the individual task orders. The Rocky Mountain Region has been divided into five contracting zones.

C.3 TECHNICAL SPECIFICATIONS.

See Section J for Performance Work Statement (PWS) and other pertinent information.

C.4 PROCUREMENT OF BIOBASED PRODUCTS

The use of biobased products is required in all United States Department of Agriculture Forest Service Construction and Service Contracts. The following list of products has been identified for potential use in the performance of this contract, but is not limited to this list: office products, diesel fuel additives, penetrating lubricants and greases for trucks. To find out more about use of preferred biobased products go to https://www.biopreferred.gov/BioPreferred/.

452.211-72 STATEMENT OF WORK/SPECIFICATIONS. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Performance Work Statement (PWS)/Specifications.

452.211-73 ATTACHMENTS TO STATEMENTS 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.

SECTION D – PACKAGING AND MARKING

(For this solicitation, there are no Clauses in Section D) https://www.biopreferred.gov/BioPreferred/

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SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

452.246-70 INSPECTION AND ACCEPTANCE. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: the worksite.

E.1 QUALITY CONTROL

Government inspections are for the sole benefit of the Government and does not relieve the contractor of responsibility for providing adequate quality control measures. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement (PWS). The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The contractor’s Quality Control Plan (QCP) is the means by which the work complies with the requirement of the contract. Upon request the contractor will submit their QCP to the Contracting Officer within 5 days.

E.2 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN.

The purpose of this plan is to provide a Quality Assurance Surveillance Plan (QASP) for contract bid items and tasks performed under this contract. This plan provides a basis for the Contracting Officer’s Representative (COR) to evaluate the quality of the Contractor’s performance. The oversight provided for the contract and this Plan will help to ensure that quality levels of Contractor’s service(s) reach the required levels of performance.

By monitoring the Contractor’s service work, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all tasks are specified in the Performance Work Statement and individual tasks will be identified in the Task Order Supplemental Specifications.

The Government has the right to inspect and test all services called for by the contract tasks in the Task Order(s), to the extent practicable at all times and places during the term of the contract. The Government will perform inspections and tests in a manner that will not unduly delay the Contractor(s) work.

E.3 ACCEPTABLE QUALITY LEVEL (AQL).

The AQL for acceptance of work will be based on compliance with all work corresponding to the task(s) in the Performance Work Statement.

E.4 UNSATISFACTORY WORK

If work quality falls below the AQL described in the Requirements Summary Table, the COR will issue a work order or notice of noncompliance to the Contractor in writing. Unsatisfactory deliverables shall be reworked to obtain satisfactory work quality.

In the event that work is performed that is contrary to the requirements in the Task Order, the Government is not liable for costs incurred by the Contractor during negligent performance that is without the fault or negligence of the Government.

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E.5 RE-INSPECTION

If the AQL is not being met, and a need for re-inspection of the Contractor’s services arises, the following procedures will be implemented:

If the Contractor has not met the AQL, the Contractor will be required to go back and complete missed or unsatisfactory areas. The Contractor may be charged for any costs of inspection if services, for which the Contractor is requesting inspection, are not ready at the time specified by the Contractor.

No charge will be made for the initial inspection or the first rework inspection. Thereafter, any contract re-inspection required will be at the Contractor's expense. These charges will include vehicle mileage, COR’s time, and inspector’s time as identified in Section G.5 Damages. Time expended by the Forest Service identified as the “start up, learning curve” period is not considered here. The Government will inspect service tasks completed by the Contractor (or Subcontractor) as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with requirements of contract specifications.

All work included in the contract specifications/issued Task Order(s) is subject to inspections by the Government at periodic intervals throughout the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

E.6 RE-INSPECTION UPON CONTRACTOR REQUEST

If rework of task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities.

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

452.211-74 PERIOD OF PERFORMANCE. (FEB 1988)

The period of performance of this contract is from Date of Award through one (1) year from award date. All Task Orders shall be performed within the performance period specified in the task order.

452.211-75 EFFECTIVE PERIOD OF THE CONTRACT. (FEB 1988)

The effective period of this contract is from Date of Award through 14 January 2020. Each option year period of performance will be the proceeding following year of the base contract end date. Total contract time will not exceed five (5) years and six (6) months.

F.1 CONTRACT PERFORMANCE TIME AND REQUIRED RATE OF PROGRESS.

The Contractor shall maintain progress at a rate that will assure completion within the performance period specified in the task order.

F.2 CONTRACT TIME

The Contractor shall start work promptly after award or receipt of a Notice to Proceed (NTP). The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed the time specific in the task order or accepted work plan.

The Forest Service will issue a NTP as soon as weather and ground conditions are favorable.

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F.3 UNSUITABLE CONDITIONS.

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

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

F.4 WORK COMPLETED AFTER THE PERFORMANCE PERIOD.

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

SECTION G – CONTRACT ADMINISTRATION DATA

452.215-73 POSTAWARD CONFERENCE. (NOV 1996)

A post award conference with the successful offeror is required. Contracting Officer Representative (COR) will contact you on time and place of post award conference.

G.1 ISSUANCE OF TASK ORDERS

Warranted Contracting Officers within Region 2 (Rocky Mountain Region) of the United States Department of Agriculture, Forest Service are authorized to place orders against this contract. All work will be ordered by Firm-Fixed price task order(s) utilizing the maximum pricing listed on the Schedule of Items through the base period and each option year exercised.

Task Orders will be competed amongst the awardees. A Request for Proposal (RFP) will be issued to each awarded contractor requesting a best pricing and a proposed plan on how work will be performed as specified in the RFP. Proposal will be evaluated based on price and technical capability. Prices will be validated from the maximum pricing listed on each awarded Schedule of Items. When a project is initiated, a Task Order will be offered to the awarded Contractor who provides the best value proposal.

The Contracting Officer shall submit an executed task order to the Contractor. Changes that increase or decrease price, schedule of items, specifications, or performance period may only be made by a written executed modification to the task order signed by the Contracting Officer and the Contractor.

G.2 CONTRACT AWARD

A written award or acceptance of an offer emailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

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G.3 FOREST SERVICE REPRESENTATIVES

Base Contract: Toinette Aranda shall serve as the Contracting Officer (CO) on base contract(s), unless changed by an authorized government contracting officer. The assigned Contracting Officer has full warrant authority over all contract issues. The CO can be reached at 719-553-1431 tparanda@fs.fed.us.

A Contracting Officer Representative (COR) will be appointed for each awarded task order. COR delegated authority, responsibilities and contact information will be defined on a delegation form.

Task Order: Each awarded Task Order issued will have a Contracting Officer assigned, who has authority to administer the Task Order within their delegated warrant authority. A COR will be appointed for each awarded Task Order.

G.4 CHANGES

The Contracting Officer is the only person authorized to approve changes to the requirements under this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

G.5 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

G.6 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

G.7 DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR

The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for being the liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.8 PRE-WORK MEETING

Prior to commencement of work and after issuance of any Task Order(s), the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing. The meeting will be held at a time and place determined by the Contracting Officer or Contracting Officer Represtenative.

G.9 WORK PROGRESS SCHEDULE

Upon request the Contractor shall be required to present at the pre-work conference (or within 10 days thereafter) a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements.

mailto:tparanda@fs.fed.us

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G.10 DEDUCTIONS

It is the objective of the Government to have the contractor complete and satisfactory performance in accordance with the terms of the specifications and requirement of this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications, and deductions may therefore, be made stipulated by Performance Work Statement.

G.11 INVOICE PROCESSING PLATFORM (IPP) SYSTEM

All invoices are to be submitted in the electronic Invoice Processing Platform (IPP) System "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP).

The contractor must follow the instructions on how to register and submit invoices via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury. More information can be found at this website https://www.ipp.gov/index.htm. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

G.12 INVOICE DOCUMENTS AND ATTACHMENTS

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Final Inspection and a Contractor Notification and Release of Claims

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

Contractor Name, Address, Phone Number and e-mail address Contract and Task Order Numbers Invoice Number Description and date of services or work completed.

Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice.

Contractor Notification & Release of Claims for Final Payment A contractor notification and release of all claims form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment.

Coordinate Invoices – Coordinate submission of invoices with the primary COR and/or CO assigned to the task order.

G.13 CONTRACT RELEASE

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts (indicated under reservations of the Contractor Certification and Release of Claims Form), that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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G.14 GOVERNMENT FURNISHED PROPERTY.

Any property provided to the contractor for use in the performance of this contract shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clauses contained elsewhere in the contract.

G.15 EVALUATING CONTRACTOR PERFORMANCE

AGAR ADVISORY NUMBER 96B Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Evaluations CPARS is used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and

42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency.

The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions. The contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

G.16 OMBUDSMAN

In accordance with FAR 16.505(a)(10), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a Task Order under this contract, except for a protest on the grounds that a task order increases the scope, period, or maximum value of the base contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures of the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

USDA Forest Service Branch Chief Procurement Policy 1400 Independence Ave., SW, Mailstop 1138 Washington DC, 22050

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.237-74 KEY PERSONNEL. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager, Project Forman/Woman, and Inspector.

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

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(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.1 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 H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour 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.

http://www.dol.gov/whd/mspa/index.htm http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm

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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 on line CERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) 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.iii.) 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 responsibility to ensure the Subcontractor 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 General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

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 http://www.dol.gov/whd/regs/compliance/whdfs78.htm https://icert.doleta.gov/ http://www.dol.gov/whd/forms/fts_wh530.htm http://www.dol.gov/whd/regs/compliance/whdfs49.htm

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• 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.

• Firefighting

• MSPA – Forestry Working Conditions Checklist

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, drivers 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 https://www.osha.gov/SLTC/personalprotectiveequipment/index.html http://www.dol.gov/WHD/fact-sheets-index.htm

R2 Vegetation Management Services IDIQ Page 21 of 53 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

R2 Vegetation Management Services IDIQ Page 22 of 53 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.

b) Contractors are required to provide certification of employment status as part of their representations, certifications, and acknowledgements.

H.2 CONTRACTOR REPRESENTATIVE

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English, as well as the primary language of the work crews.

H.3 ACCIDENT REPORTING.

Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.4 INJURY NOTIFICATION.

Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

H.5 EMERGENCY RESPONSE TO FIRES.

The Contractor, under the provisions of FAR clause 52.237-2, Protection of Government Buildings, Equipment, and Vegetation, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

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When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fighting the fire). An equitable adjustment for the temporary use of employees and equipment will be made under FAR 52.212-4(c) Changes.

H.6 FIRE PREVENTION AND CONTROL.

The contractor shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires in the project area using all necessary personnel and equipment at Contractor’s disposal on the site.

The Fire Plan outlines the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area. For the purposes of this provision, the project area is defined as the area within one half mile (0.5 miles) of the project boundary. See Emergency Control - Fire Plan Attachment.

H.7 CAMPING PERMITS.

The Contractor does/does not intend to camp on National Forest lands. Forest Service permits, issued by the District Ranger, will specify restrictions regarding campsite and sanitary provisions. Combustible refuse, resulting from lunches, etc., may be burned if authorized. All noncombustible materials, cans, bottles, etc., shall be removed from Forest land.

H.8 NOXIOUS WEEDS.

The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material.

Disassembly of equipment components or specialized inspection tools is not required. Unless otherwise directed by the CO, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the contractor is moving directly from one contract unit to another.

H.9 REPORTING ALLEGED CHILD ABUSE.

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than

R2 Vegetation Management Services IDIQ Page 24 of 53 a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

H.10 SAFETY PLAN

When required the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite. The Safety Plan should also include safety hazards and mitigation while working in areas of bear habitats.

The Safety Plan should be updated with pertinent information when a task order is issued. Pertinent information may include location of local emergency care facilities, contact information for employees should an accident occur at the worksite, etc.

A copy of the Safety Plan shall be submitted to the Contracting Officer for the contract file. The Contractor’s Safety Plan is neither approved nor disapproved by the government but will be provided to OSHA when requested.

H.11 USE AND OCCUPANCY RESTRICTION ORDERS

Contractor will abide by Forests’ Use and Occupancy Orders. Contractor is responsible for contacting the local Forest prior to starting work to ascertain if there is applicable Use and Occupancy Restriction Orders for that forest.

H.12 HAZARDOUS SUBSTANCES

The Contractor shall notify the National Response Center and Contracting Officer Representative of all releases of reportable quantities of hazardous substance on National Forest lands that are cause by Contractor’s employees, equipment, agents, contractors, subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s operations, in accordance with 40 CFR 302. See Section J for reporting requirements and documentation.

SECTION I – CONTRACT CLAUSES

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018)

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52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

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