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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
BOISE ID 83709-1663
1249 S VINNELL WAY STE 200
ATTN-TANYA SPANFELLNER
SW IDAHO-NEVADA ACQUISITION CENTER
9387 CODE 16. ADMINISTERED BYCODE
X
X
X
115310
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR0261
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
05/28/2013 1700 MT
05/06/2013
208-373-4130TANYA SPANFELLNER
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
AG-0261-S-13-0047
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 70 637582OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
CARSON CITY NV 89701
1536 S CARSON STREET
CARSON RANGER DISTRICT
USDA FOREST SERVICE
15. DELIVER TO
BOISE ID 83709-1663
1249 S VINNELL WAY STE 200
ATTN-TANYA SPANFELLNER
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$7.0
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
SW IDAHO-NEVADA ACQUISITION CENTER
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOSB
PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Stand Exam Units-Bowers and Genoa-Carson City, RD-H-T NF
Period of Performance: 07/17/2013 to 08/30/2013
001 Bowers Stand Exam Units 123 EA
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
TANYA SPANFELLNER
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REF.
tspanfellner Typewritten Text DUNS No.:________________________________
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
002 Genoa Stand Exam Units 87 EA
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
70 2 of
Contract Terms and Conditions
ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-
COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449)
The Following are added to the terms and conditions in FAR 52-212-4
CLAUSES INCORPORATED BY REFERENCE
52.212-4 paragraph (a) Inspection/Acceptance is changed to incorporate the following:
1.1. Plot Inspections. An inspection block will contain a minimum of 50 plots, a maximum of 100 plots, consisting of complete stands; or 15 stands, whichever comes first. Within each block, 10% of the plots shall be randomly selected for inspection to determine if the prescribed work standards have been met. Zero tree plots may not be used to meet the minimum inspection requirements. This shall constitute the minimum sample plot inspection for determining satisfactory performance.
1.1.1. Contractor shall provide written inspection data by block that meets contract requirements. The Contractor shall use the Common Stand Exam Inspection Form provided in Section J. Completed site information shall be submitted within seven (7) days after completion of each block to the Contracting Officer Representative (COR).
1.1.2. All Contractor inspection records shall be provided to the Government for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. All records shall be signed and dated by the person who conducted the inspection.
1.2. Stand Exam Quality. Acceptable tolerance levels for individual measurements and Pass-fail standards for each block are shown below in this document. Blocks shall be inspected for compliance with Pass-fail standards and procedures. Any item or measurement indicated by plot inspection to be outside the specified tolerance levels shall be assigned a point deduction. Point deductions shall be calculated for each Form and then totaled for a Total Score. An inspection/payment block may fail based on a Form score or the Total score.
Form scores and Total scores will be calculated using the Point Score Calculation Form. The number of discrepancies for each field for the entire inspection/payment block is recorded in Column B, “Number of Discrepancies.” The Point Deduction, Column C, is calculated by multiplying the number of discrepancies by the “Point Value,” Column A. The Point Deductions are then totaled at the bottom of Column C in the “Total Deductions” field (D). The “Total Deductions” field is divided by the number of stands, plots, or lines inspected (E) to calculate the “Form Score” (F). Field E is the number of stands, plots, or lines that were actually inspected for that Form. Follow this procedure for each Form. The Total Score is calculated by summing all the Form Scores, see Total Form Score Calculation on the Cover Form. Errors in any field that has a Point Value of “unacceptable” will fail the block.
All Form Scores < 5.0 and total Score < 10.0 = Acceptable Any Form Scores ≥ 5.0 = Rework forms that fail for entire inspection unit.
Total Score ≥ 10.0 = Rework entire inspection unit.
1.3. Discrepancy Trend in Stand Data and Plot Locations.
1.3.1. Stand Data. If during inspection of selected plots or review of submitted plot data, the Contractor’s inspection determines a similar discrepancy is occurring in the information being recorded, the Contractor shall ensure that their personnel are made aware of the findings to prevent further occurrences. In addition, if the Contractor notices a discrepancy trend developing while inspecting plots on the ground, he/she may visit plots not selected in the random sample, to inspect the field(s) in question. These plots will be used to determine if a
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District Solicitation No.:AG-0261-S-13-0047 discrepancy trend does exist, not for payment purposes. The Contractor shall ensure that their personnel are made aware of the findings to prevent future occurrences. Discrepancies found on initial inspection plots are subject to point deduction.
1.3.2. Plot Location. If, during field inspection, the Contractor determines that a plot location is in a physically different location in relation to topographic features than would be reasonably expected from locations marked on maps or photos, or if any plot is found outside the stand boundaries, they may check distance and azimuth between plots not included in the random sample. If this check shows that there is a discrepancy trend in plot location causing some plots to be located other than where they are mapped, or to fall outside stand boundaries, the Contractor shall ensure that their personnel are made aware of the findings to prevent future occurrence. If a plot location is not acceptable, the Contractor shall require rework after the initial inspection.
1.4. Acceptance. The Contractor’s Quality Control inspections for stand exam shall be within 5 percent of the Government quality assurance to be considered acceptable.
1.4.1. Failure of the Contractor to provide stand exam quality resulting in inspection results within 5-percent of the Government’s quality assurance at the completion of a block, will deem the Contractor’s quality control unacceptable and will result in payment for that unit based on results of the Government’s quality assurance (G.3.1). If the Government’s results are objectionable to the Contractor, a re-examination may be requested in writing. The same plot inspection method will be used but new plots will be selected. If the results of the re-examination support the Government’s quality assurance results, the Government’s results will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.
(End of paragraph (a) Addendum)
52.245-1 Government Property. (APR 2012) 52.245-9 Use and Charges. (APR 2012) 452.236-72 Use of Premises. (Nov 1996)
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): http://farsite.hill.af.mil.
(End of Clause)
CLAUSES INCORPORATED BY FULL TEXT
AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)
(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District http://farsite.hill.af.mil/
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.
(End of Clause)
FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)
Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).
The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.
It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.
Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.
For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.
(End of Clause)
FSAR 4G52.222-702 Labor Standard for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)
(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to ensure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, site preparation, and wildland fire fighting.
(b) Definitions "Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children;
(3) parents, stepparents, or foster parents; and (4) brothers and sisters.
"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.
(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.
The following is added:
The Department of Labor’s Wage and Hour Division (WHD) has consolidated its Farm Labor Contractor certificate registration to two locations: San Francisco, California, and Atlanta, Georgia.
The permanent place of residence of the certificate applicant, NOT the location where the applicant intends to work determines the appropriate application processing center. Applications should be submitted – again, based on the applicant’s permanent place of residence – to one of the following locations:
If the applicant’s permanent place of residence is in Alaska, Washington, Oregon, California, Nevada, Arizona, or Hawaii, then the application should be sent to:
U.S. Department of Labor Employment Standard Administration Wage Hour Division National Certificate Team 90 Seventh Street, Suite 13-100 San Francisco, CA 94103
If the applicant’s permanent place of residence is anywhere else in the country, then the application should be sent to:
U.S. Department of Labor Employment Standard Administration Wage Hour Division National Certificate Team P.O. Drawer 56447 Atlanta, GA 30343
The Farm Labor Contractor Registration form WH-530 may be downloaded from the WHD website at: http://www.dol.gov/esa/forms/whd/fts_wh530.htm.
(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District Solicitation No.:AG-0261-S-13-0047 http://www.dol.gov/esa/forms/whd/fts_wh530.htm
(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.
(2) Wage and Payroll Standards
(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional Form WH-516 for contractor's use in disclosure.
(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (that is, per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for 3 years.
(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and shall include the employer's tax identification number.
(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.
(3) Motor Vehicle Safety
(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.
(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR
500.105. All drivers must have a current, valid State drivers license.
(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.
(4) Housing
(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.
(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.
(iii) If the Contractor is not furnishing worker housing:
Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.
Within 10 days after award, and prior to the issuance of Notice to Proceed, the Contractor must notify the Contracting Officer of the planned worker housing site.
If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.
If the housing site is not located on a National Forest, the site must meet the applicable housing standards in
MSPA.
If an exemption from the permit requirement is claimed, the Contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.
If the housing site is changed after approval by the Contracting Officer, the Contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the Contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply
(5) Field Sanitation
In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref.
29CFR 1928.110), employers must provide:
► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.
► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.
► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.
Employees cannot be made to bear the costs incurred by the employer for providing required facilities.
(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.
(End Clause)
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain a MSPA registration number.
If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.
The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.
Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.
(End of Clause)
FSAR 4G52.222-704 - Personal Protective Equipment (FEBRUARY 2007)
The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.
Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used.
The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg.
The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.
In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.
The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.
The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.
(End of Clause)
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
FSAR 4G52.222-705 - Camping Provisions for Labor Intensive Contracts (FEBRUARY 2007)
The following provisions apply to all camping on National Forest lands during performance of this contract:
These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises,” in this contract.
Every structure used as shelter must provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.
The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite must be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping is permitted within developed recreation sites or along primary recreation roads.
The campsite 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. If the contractor fails to remove all structures or improvements within the 10-calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.
Unless otherwise designated by the contracting officer, the use of this area is not exclusive, and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.
Damaging or removing any natural feature or other property of the Forest Service is prohibited.
Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.
Sanitary facilities must be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, must be provided and sufficient for the storage of perishable food items.
An adequate and convenient potable water supply must be provided in each camp for drinking and cooking purposes.
Toilet facilities adequate for the capacity of the camp must be provided and supplied with adequate toilet paper.
Such facilities must be serviced and maintained in a sanitary condition.
Garbage must be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.
Basic first aid supplies must be maintained, available, and under the charge of a person trained to administer first aid. The supplies must include:
1. Gauze pads (at least 4x4 inches),
2. Two large gauze pads (at least 8x10 inches),
3. Box adhesive bandages (band-aids),
4. One package of gauze roller bandage at least 2-inches wide,
5. Two triangular bandages,
6. Scissors,
7. At least one blanket,
8. Tweezers,
9. Adhesive tape, Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
10. Latex gloves, and
11. Resuscitation device such as resuscitation bag, airway, or pocket mask.
Any washing of laundry must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.
Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.
The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material must be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.
The contractor shall comply with the following fire regulations during fire season:
During the fire season, a shovel, axe or Pulaski, 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 1 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.
Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.
The Forest Service reserves the right to terminate a camping permit at any time.
(End Clause)
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
FSAR 452.237-74 Key Personnel. (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Crew Foreman
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless thesubstitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officerwithin 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 ContractingOfficer 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.
Qualifications
The success of this field inventory is dependent primarily on the Contractor's professionalism and expertise. It is necessary that the Contractor's staff meet certain standards. A crew can consist of one or more individuals. Minimum technical qualifications are specifically defined as follows:
1. Each crew must have a crew leader with undergraduate courses in mensuration, tree identification, plant identification, silviculture, and ecology and three months prior experience collecting data for Forest inventory or vegetation classification.
2. Each crew leader must also have the additional following minimum qualifications:
a. Proficient in the interpretation of aerial photography and associated maps.
b. Ability to distinguish between stand types both in the field and on orthoquad maps.
c. Knowledge in the use of hand held compass, pacing, and map measurements.
d. Ability to accurately identify necessary tree, shrub, forb, and grass species needed for identifying local habitat types.
e. Knowledge of rating tree defects and parasitic plants.
f. Knowledge of common forest insect pests and diseases.
g. Familiar with habitat typing.
h. Proficient in the use of forest measurement equipment.
Specific technical experience may be substituted for a given educational requirement.
The Contractor shall designate crew leaders for each crew. The crew leader shall be the individual responsible for ensuring plot measurements are taken in accordance with the accuracy standards.
The Contractor, by signing an offer, agrees to use only personnel meeting these qualifications for performance of the work specified herein. The Government reserves the right to make determinations of employees' qualifications and any employee who does not meet the above described qualifications may be requested to leave the worksite with the contractor responsible for the re-collection and resubmitting any data supplied by that employee.
(End of Clause) (End of Adendum)
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2013)
(a) The Contractor shall comply with the following Federal Acquisition Regulations (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)
(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:
[Contracting Officer shall check as appropriate.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).
(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).
(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313).
(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
(11) [Reserved]
(12) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
(ii) Alternate I (NOV 2011).
(iii) Alternate II (NOV 2011).
(13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
(ii) Alternate I (OCT 1995) of 52.219-7.
(iii) Alternate II (MAR 2004) of 52.219-7.
(14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).
(15) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (OCT 2001) of 52.219-9.
(iii) Alternate II (OCT 2001) of 52.219-9.
(iv) Alternate III (JUL 2010) of 52.219-9.
(16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
(17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
(18) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
(ii) Alternate I (JUNE 2003) of 52.219-23.
(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657 f).
(23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C.
632(a)(2)).
(24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (APR 2012) (15 U.S.C. 637(m)).
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
(25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).
(26) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
(27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).
(28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
(29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
(32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.E. 13496).
(34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)) (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
(ii) Alternate I (DEC 2007) of 52.223-16.
(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
(39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a - 10d).
(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 111.43).
(ii) Alternate I (MAR 2012) of 52.225-3.
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
(iii) Alternate II (MAR 2012) of 52.225-3.
(iv) Alternate III (NOV 2012) of 52.225-3.
(41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(42) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42. U.S.C. 5150).
(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42. U.S.C. 5150).
(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f).
(46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
(47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).
(48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration
(MAY 1999) (31 U.S.C. 3332).
(49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
(50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
(51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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:
[Contracting Officer check as appropriate.]
(1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
Employee Class Monetary Wage -- Fringe Benefits
Forestry Tech, GS-8 $20.58
(3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495).
(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.
110-247).
(9) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub.
L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
Stand Exam Units-Bowers and Genoa Humboldt-Toiyabe NF-Carson City Ranger District
SPECIFICATIONS/STATEMENT OF WORK
A. Scope of Contract
The Forest Service proposes to contract for technical forestry services to conduct the field phase of a stand exam project. The stand exam will provide the Government with natural resource information for forested and other lands at an intensity required for management decisions.
The Contractor shall furnish all labor, equipment, transportation, supervision, supplies (except those designated as Government-furnished), incidentals, and perform all work necessary to conduct stand examinations in compliance with terms, specifications, conditions, and provisions of this…
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