129JGP19Q0063.pdf

U.S. Department of Agriculture

Forest Service

Central California Acquisition Service Area (CCASA)

631 Coyote Street Nevada City, CA 95959

May 16, 2019

RE: RFQ – 129JGP19Q0063

All Interested Parties:

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

The USDA Forest Service is issuing a combined synopsis/solicitation as a request for quote (RFQ) This procurement is being issued as a Total Small Business Set-Aside under solicitation number 129JGP19Q0063. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01. The Government anticipates issuing a single firm fixed price (FFP) contract award. The North American Industrial Classification Standard (NAICS) 115310, Support Activities for Forestry - Fuels Management Services, with a small business size standard of $19.0 million apply to this procurement.

Period of Performance:

This contract will be for a period of 365 calendar days from the date of issuance of the Notice to Proceed.

Contracting Office:

USDA Forest Service Central California Acquisition Service Area (CCASA) 631 Coyote Street Nevada City, CA 95959

Provisions:

The following provisions apply to this acquisition:

FAR 52.212-1, Instructions to Offerors – Commercial Items (OCT 2018) FAR 52.212-2, Evaluation – Commercial Items (OCT 2014) FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (OCT 2018)

Clauses:

The following clauses apply to this acquisition:

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (OCT 2018) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items (JAN 2019)

Additional terms and conditions are contained within the attached solicitation documents.

Site Visit:

A Pre-Quote site visit is scheduled for May 23, 2019 at 10:00 AM (PDT). The site visit will meet at the Mt. Hough Ranger District Office, 39696 Hwy 70, Quincy, CA 95971.

Submission of Quotes:

Quotes must be submitted in accordance with FAR provisions at 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) and the instructions set forth in this solicitation.

Quotes:

All Quotes must be received by the Contracting Officer no later than 3:00 PM (PDT) on Friday, June 12, 2019 to the following email address listed below:

Inquiries:

All inquiries regarding this solicitation must be received in writing by 10:00 PM (PDT) on Monday, May 27, 2019.

Point of Contact (POC):

Craig A. Ericson, Contracting Officer Craig.Ericson@usda.gov

(530) 478-6142, fax: (530) 478-6126

Technical Point of Contact:

David Kinateder, Fire Ecologist david.kinateder@usda.gov 530-283-7671

USDA

FOREST SERVICE

REQUEST FOR QUOTATION

2019 BUTTERFLY THINNING

PROJECT

PLUMAS NATIONAL FOREST

MT. HOUGH RANGER DISTRICT

Plumas NF, Mt. Hough RD 2019 Butterfly Thinning Project

RFQ: 129JGP19Q0063

TABLE OF CONTENTS

Section I General Requirements

Section II Special Requirements

Section III FAR Clauses and Provisions

Section IV Instructions for RFQ Submission and Evaluations

Section V Attachments

Attachment Title of Attachment

Attachment No. 1 Pricing Sheet

Attachment No. 2 Response to Evaluation Factors

Attachment No. 3 Inspection Form

Attachment No. 4 Butterfly Thinning Map

Attachment No. 5 Butterfly Thinning Map – Control Areas

Attachment No. 6 Wage Determination

Attachment No. 7 Fire Plan

SECTION I – GENERAL REQUIREMENTS

1. SERVICES AND PRICES

The following abbreviations are used in this price schedule:

CLIN – Contract Line Item Number QTY – Quantity

1.1 CLINS

CLIN UNIT DESCRIPTION

UNIT OF

MEASURE

QTY

UNIT

PRICE

TOTAL

PRICE

0001 Unit 49 Lop and Scatter < 10 Acres 61.3

0002 Unit 12B Hand Thin Hand Pile < 6 Acres 135.3

0003 Unit 13 Hand Thin Hand Pile < 6 Acres 208.8

0004 Unit 71 Hand Thin Hand Pile < 6 Acres 61.8

0005 Unit 7 Hand Thin Hand Pile < 6 Acres 18.1

0006 Unit 9A Hand Thin Hand Pile < 6 Acres 31.1

0007 Unit 12 Hand Thin Hand Pile < 6 Acres 41.7

0008 Unit 17 Hand Thin Hand Pile < 10 Acres 7.4

0009 Unit 6 Hand Thin Hand Pile < 10 Acres 18.9

0010 Unit 14 Hand Thin Hand Pile < 10 Acres 63.4

0011 Unit 108A Hand Thin Hand Pile < 10 Acres 172.1

0012 Unit 5 Hand Thin Hand Pile < 10 Acres 24.0

0013 Unit 1A Hand Thin Hand Pile < 10 Acres 76.0

0014 Unit 51 Hand Thin Hand Pile < 10 Acres 186.3

0015 Unit 31 Hand Thin Hand Pile < 10 Acres 196.6

0016 Unit 117 Hand Thin Hand Pile < 14 Acres 53.4

Total Acres 1356.2

1.2 NOTES:

(a) Responses for quantities less than those listed in the numbered items may be rejected.

(b) Responses without prices for each item and sub-item may be rejected.

2. GENERAL DESCRIPTION

Description of Work: The intent of this contract is to secure services for chainsaw thinning and piling of trees, snags, and dead surface fuels. Piles are to be covered with 6 mil plastic to cover 3/4 of each pile with plastic located in the upper 1/5th of the pile. This project includes 1,356.2 acres.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

3. PROJECT LOCATION & DESCRIPTION

Location: This project is located on the Mt. Hough Ranger District on the Plumas National Forest, about 5 miles west of Quincy California. See maps for details.

Description: This project will thin to various upper diameter limits from 6 inches to 14 inches as described on 1,356.2 acres.

Accessibility: Work site access instruction as given here is for information only.

Well maintained road systems provide basic access to treatment units. Walk in and ATV use will be needed to access more remote units. Snow or wet road conditions may limit access to the project areas seasonally.

Exclusions: (There are small exclusion areas in and adjacent to many of the units. These areas are flagged on the ground with the following colors: archaeological = red and black, sensitive plants = blue and black, noxious weeds = orange.

4. MAPS

Maps showing the general vicinity and/or specific work areas are included in Section J.

Georeferenced pdf maps will also be provided that can be loaded into smart phones and tablets and viewed utilizing GPS mapping applications such as Avenza. It will be mandatory for contractors to have this capability as units will not be flagged on the ground. Flagging unit boundaries will be the responsibility of the contractor.

5. ESTIMATED START DATE & CONTRACT TIME

Start: Estimated start date is June 15, 2019, depending on date of award.

Time: The period of performance will be one year (365 days) from the date of issuance of Notice to Proceed (365 Calendar days).

6. RESTRICTIONS ON WORK

Work may be performed at any time during the period of the contract, except as outlined here.

Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

A. In accordance with the fire plan, attached. A variance agreement may be obtained on a case by case basis. (See Fire Plan for details)

B. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

C. Limited Operating Periods for the protection of wildlife species are also present within unit boundaries (see map). For the Spotted Owl no work can occur from March 1 through August 15, and for the Norther Goshawk no work can occur from February 15 through September 15.

7. LICENSES AND INSURANCE

The contractor shall obtain the insurance and licenses listed here and in 452.228-71 INSURANCE

COVERAGE - ALTERNATE I (NOV 1996):

MSPA Card (Form WH510): This contract does require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

8. CAMPING AND HOUSING

Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right;

permission may be revoked for failure to comply with the terms of the permit.

9. CONTRACTOR FURNISHED EQUIPMENT:

The Contractor shall furnish, utilize, and efficiently maintain equipment meeting or exceeding the following specifications:

Chainsaws and fuel - Chainsaws capable of safely performing felling, bucking, and limbing of trees and slash as specified for cutting in this contract. Chainsaw fuel and oil will be stored in approved containers.

Safety PPE and fire equipment necessary safety implement all contract activities. Also see Appendix J Fire Plan.

Vehicles - Necessary vehicles to safely implement project.

Plastic - 6 mil plastic

10. GOVERNMENT FURINSHED PROPERTY

None

11. SITE VISIT/PREWORK MEETING

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

12. DEFINITIONS

The following terms are defined for this contract:

Bole – The stem of a tree.

Snag – a dead tree.

Conifer - A live evergreen tree with needle shaped or scale-like leaves.

Control Area- A point or area identified within the treatment unit where special restrictions apply.

Damaged Tree – Any injury caused by the contractor’s performance of work that exposes the cambium of a leave tree (i.e. scarred bole, cut limbs in the upper 50% of the tree, cut top).

DBH - Diameter Breast Height, the diameter of a tree as measured at a point 4 1/2 feet above ground on the uphill side of a tree.

Hand Piles – Hand built piles of slash, brush, and woody debris covered with plastic placed over the upper 1/5th of the pile covering 1/3rd of the pile.

Leave Trees – Established conifers and oaks expected to remain part of the forest. A leave tree is determined by both spacing and vigor of existing conifers.

Limited Operating Period (LOP) – Restricted operating dates due to wildlife (Spotted Owl, Goshawk) or recreation requirements.

Leave Tree Spacing - The distance, in feet, between trees as measured stem to stem.

Slash - The woody residue, branch material, and brush resulting from hand thinning as well as existing down dead wood less than 8 inches in diameter at its largest point.

13. SPECIFIC WORK REQUIREMENTS

Hand Thinning and Hand Piling Thin forest stands using hand held chainsaws. Fall 90% of live conifers to the specified upper diameter limit (6, 10 or 14 inches in DBH depending on the unit). Thin to about 25 foot spacing targeting understory and suppressed trees. The goal is to heavily thin competing conifers while maintaining a multistoried canopy with all size classes represented.

All trees shall be felled into the treatment units, and away from identified control areas and improvements such as, but not limited to fences, gates, signs, or water tanks. Remaining stumps shall be less than 6 inches in height and shall be cut flat or with a minimal angle to avoid creating a sharp stump (punji sticks). Prune branches of all residual trees to 6 feet in height. Cut all resulting slash into manageable sized pieces for piling (about 6 foot lengths). Trees less than one foot in height need not be cut. Do not cut oaks or other hardwood of any size except for operability.

Leave Tree Selection In general preserve the largest, healthiest, and best formed of these trees.

With all other variables being equal, species preference from most desirable leave trees to least will be:

1. oaks and other hardwoods

2. sugar pine

3. ponderosa pine

4. incense cedar

5. Douglas fir

6. white fir

Snags, Dead, and Down Cut all snags and solid down woody debris from 2 to 14 inches in diameter into manageable sized lengths for piling (about 6 foot lengths). This will include the branches and tops of larger downed trees.

Piling All slash created from the activities mentioned above will be piled by hand. Minimum acceptable hand pile size will be 5 feet high and 5 feet wide. Larger piles are preferred. Piles should be compact with smaller material such as needles and branches in the bottom and center, and larger material such as boles on top to compress lighter fuels. Boles will be oriented parallel to the slope (pointing up and down hill) to prevent rollout during burning. Cover at least 3/4 of each pile with 6 mil plastic placed in the upper 1/5th of the pile. Plastic must be sufficiently anchored with slash or brush so that it will not blow off in high winds.

Figure 1. Ideal pile form and structure.

Windrow Piles Whenever possible construct piles that are 25 to 50 feet long and that are generally oriented up and down slope. These piles should combine the material that would typically be found in 10 to 50 regular piles. Plastic will be place at the top and bottom ends.

Figure 2. Wind Row pile construction

Brace Tree Piles Utilize live conifers from 10 to 14 inches in diameter as brace trees for pile construction when possible.

Figure 3. Brace Tree pile construction

No piles will be placed within 15 feet of control areas.

No piles will be placed within 15 feet of standing snags No piles will be placed within 15 feet of downed logs greater than 20 inches in diameter.

No piles will be placed within 15 feet of the private property boundaries.

No piles will be placed underneath or within 20 feet of power lines.

Road side chipping Chip and Haul up to 60 feet on either side of the 25N02 and 25N12 roads within treatment units 17, 31, 108A and 12B when feasible and practical. These sections of road total 4.2 miles. Chip trees up to 6 inches in diameter and capture chips in a chip small maneuverable chip van. Chipping treatments will largely be limited to the uphill side roads, operators do not need to struggle to pull material up steep slopes. Chips can be delivered to Toppers Tree Service about 9 miles from the work site. Contractors can recover $5.00 per cubic yard for delivered chips.

Pile Burning Exclusion Zones.

No piles will be constructed in exclusion zones.

Stream Type

Slope Class

0–15% (feet)

Greater Than 15% (feet)

Perennial 25 50

Intermittent 15 25

Ephemeral 15 15

Reservoirs/wetlands greater than 1 acre

15 25

Note: Where feasible, burn piles would not be placed any closer to streams than the distances shown in this table.

Signage Signs must be posted 2/10th of a mile approximately 1000 feet in advance of active working unit areas along roads and trails.

14. CONTROL AREAS

Botanical (noxious weeds): Noxious weeds are flagged with orange “noxious weed” flagging.

There will be no driving, parking, cutting, piling, or any other physical disturbance within these areas.

Botanical (sensitive plants): Sensitive plants are flagged in blue and black flagging. There will be no thinning, piling or other physical disturbance within these areas.

If during the course of project activities any new discoveries are found by contract employees that have not been flagged or marked for avoidance, the contractor will cease project activities within that area and notify the COR or Contract Inspector of that discovery.

Power/Phone Lines: Power or phone lines may exist within or adjacent to units. Avoid cutting any trees that may pose a risk to contacting any phone or power lines.

Archaeological and Historic Sites: Known heritage sites are flagged in red and black flagging.

There will be no thinning, piling or other physical disturbance within these areas.

SECTION II – SPECIAL REQUIREMENTS

1. SAMPLING

The standard procedure will be visual inspection of 100% of the work completed. In addition, unbiased 100 foot transects will be established as work progresses. Transects will be GPSed and repeatable and will represent at least one percent of each unit area (about 1 transect for every 10 acres). Piles within 20 feet of each transect will be evaluated for construction quality using the Attachment 3 - Inspection Form. Piles will be graded as Pass or Fail based on four critical elements:

1. Pile Height, 2. Compactness, 3. Plastic Placement, and 4. Clearing Around the Pile. For each given pile, failure on any one critical element will result in a failing grade for that pile.

Piles will be evaluated immediately following construction (not exceeding 3 days since construction). Inspection Form data will be shared with the Contract Crew Boss directly in the field so that corrections and/or rework can take place immediately.

2. SPECIFIC INSPECTION PROCEDURES

The most critical task to be performed is the construction of piles. Pile structure has a significant impact on our ability to burn them during wet and snowy weather conditions. There is a high cost to the Government for poorly constructed burn piles. These costs include increased crew time, multiple burning attempts, fewer acres accomplished per burning attempt, poor fuel consumption, and smoke impacts to public health. For these reasons a Pass or Fail grade will be made for four critical pile construction elements including:

1. Pile Height: Five feet high or higher for hand piles and ten feet higher for grapple piles or higher as measured mid slope.

2. Compactness: Compact with smaller fuels at the bottom and larger fuels on top with no large spaces or gaps.

3. Plastic Placement: Covered with 4 mil plastic located in the upper 1/5th of pile and covering 3/4th of the pile as viewed from the top.

4. Clearing: Clear of all debris 3 inches in diameter and larger extending 3 feet from around the pile perimeter.

3. ACCEPTANCE

This is a performance based contract with disincentives for poor performance. Reductions in performance will result reductions in pay on a per Unit (bid item) basis. Payment will be based on the quality of work performed on a sliding scale (Table 1).

Table 1. Pay Retention/Reduction Scale Percent of piles that pass inspection Percent of bid price paid per unit.

≥ 90% 100% 80% to 89% 90% 70% to 79% 80% 60% to 69% 70% < 60% 0% Non-Compliant

4. GOVERNMENT INSPECTIONS

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

Contactors are encouraged to use the same pile inspection form attached to this contract.

The Contracting Officer's Representative or designated inspector will conduct all inspections.

Summary results will be immediately shared with the Contractor Foreman or Crew Boss in the field as work progresses.

Final Inspections. Final inspections for payment will utilize the same data collected on Inspection Forms as work progresses.

Disputed Inspection.

The Contractor may request reinspection without rework if the results are unacceptable.

Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections.

Summary results will be made available on request.

5. PREWORK

Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

6. WINTER SHUTDOWN

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

7. PAYMENT

Payments and Deductions.

This is a performance based contract with disincentives for poor performance. Reductions in performance will result reductions in pay on a per Unit (bid item) basis. Payment will be based on the quality of work perfumed on a sliding scale (Table 1). See SECTION II – 3. ACCEPTANCE for details.

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, 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).

8. INVOICES

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at http://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to start the IPP enrollment process, please verify that the point of contract’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866- 973-3131.

IPP invoices are now the official payment record. Contractors must include and IPP attachment which shows the breakdown of billing based on the pricing schedule items and/or subitems. For assistance with invoicing in IPP, the help desk phone number is 1-866-973-3131.

9. EMERCENCIES

Fire Plan

[X] See Attached Fire Plan

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the Fire Plan defines the limits of a contractor's area of responsibility for fire.

10. SUPERINTENDENCE BY CONTRACTOR

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

11. CAMPING PERMIT COMPLIANCE

Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

12. SPILL PLAN

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

13. EQUIPMENT CLEANING

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all ATVs and UTVs, logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

14. 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 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.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’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 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

• 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.

• MSPA – Forestry Working Conditions Checklist

• Manual Logging activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_e quip.html

• General Machine and Vehicles Logging 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.

c) Include the instructions below, Representations, certifications, and other statements of offerors or respondents. Contractors are required to provide certification of employment status as part of their representations, certifications, and acknowledgements.

Employment of Eligible Workers

Workforce Certification

Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by

DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor’s signed certification with their response to the solicitation.

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.)

MSPA Workers: (http://www.dol.gov/whd/mspa/) Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.)

Authorization includes:

Transporting workers Driving Housing workers

Company has applied for certificate of registration on ______________.

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a certificate prior to award of contract. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

(Signature) (Date)

(Printed Name) (Date)

Please refer to FSH 6309.32 4G22 for additional guidance.

SECTION III – FAR CLASUES AND PROVISIOINS

Addendum to FAR 52.212-4

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.dm.usda.gov/procurement/policy/agar.htm

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL JAN 2019

ITEMS

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN OCT 2010

FEDERAL TRANSACTIONS

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS APR 2014

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON MAY 2011

POSTCONSUMER FIBER CONTENT PAPER

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE JUL 2016

MAINTENANCE

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS DEC 2014

AND CERTIFICATIONS

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS SEP 2013

UNDER SERVICE AND CONSTRUCTION CONTRACTS

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

452.228-71 INSURANCE COVERAGE NOV 1996

452.236-72 USE OF PREMISIE NOV 1996

452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES FEB 1988

452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND NOV 1996

POLLUTION

452.236-76 SAMPLES AND CERTIFICATES FEB 1988

AGRICULTURE ACQUISITION REGULATION CLAUSES

452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from the date of issuance of the Notice to Proceed through one year (365 calendar days).

(End of Clause)

452.215-73 POST AWARD CONFERENCE (NOV 1996)

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

452.237-71 PRE-BID/PRE-PROPOSAL CONFERENCE (FEB 1988)

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference;

however, offerors will be asked to con-firm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the person named on the in this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conference will be held:

Date: 5/23/2019

Time: 10:00 Pacific Time

Location: Mt. Hough Ranger District Office

452.237-74 KEY PERSONNEL (FEB 1988)

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

One contractor’s representative, fluent in English, onsite every day.

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

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

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: Work Site.

(End of clause)

(End of Addendum to 52.212-4)

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

2015)

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

(4) 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 paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41

U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5).

[X] (4) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards

(OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (5) [Reserved]

[X] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. 111-

117, section 743 OF DIV. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred,…