SOLICITATION.doc

AG-02RC-S-14-0126

Kootenai National Forest – Hand Tree Pruning

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA – Forest Service

Idaho / Montana Acquisition Team 3815 Schreiber Way Coeur d’Alene, ID 83815 See Contract Time

FOB DESTINATION

Wendy Stephenson, CO

Angie Stafford, Technical 765-7468 296-7142

a. NAME OF CONSIGNEE

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

HAND TREE PRUNING

Rexford Ranger District

Kootenai National Forest

Lincoln County, Montana

PLEASE WRITE YOUR QUOTE IN SECTION B - SCHEDULE OF ITEMS

Furnishing Quotation: Complete Standard Form 18, Section B, Section K, Experience Questionnaire as your quote. Return to the address shown in Block 5a. Please write “Solicitation No. AG-02RC-S-14-0126” on the envelope.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

DUNS No._____________ TIN No._____________________

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

HAND TREE PRUNING

Rexford Ranger District

Kootenai National Forest

Lincoln County, Montana

B- 1 Schedule of Items Item #1 – Rexford Dictrict White Pine Pruning

Sub-Item Area Stand Number Quantity Unit Unit Price Total

1.1 Dodge Cr #21

03-02-079 24

ACRE

1.2 S. Sullivan #2

06-05-125 6.7 of 35

ACRE

1.3 S. Sullivan #3

06-06-009 4.2 of 23

ACRE

1.4 Fan Creek 08-03-056

Total Acres 69.9

TOTAL Subitem 1 > > > > > > > > > > > > > > > > > > > > > > > > > > > $________ Item #2 – Rexford Dictrict White Pine Pruning

Sub-Item Area Stand Number Quantity Unit Unit Price Total

2.1 Cadette

18-03-487 10.3 of 55

2.2 Sutton Cr #9 22-02-061

5.3 of 28

2.3 Inch Mtn #4 23-04-091

2.4 Inch Mtn #7 23-04-177

5.6 of 28

Total Acres 41.2

TOTAL Subitem 2 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> $_________ Item #3 – Rexford Dictrict White Pine Pruning

Sub-Item Area Stand Number Quantity Unit Unit Price Total

3.1 Sutton Cr #2 22-02-044 34

3.2 Sutton Cr #4 22-02-059

Total Acres 70

TOTAL Subitem 3 > > > > > > > > > > > > > > > > > > > > > > > > > > > $________

TOTAL WHITE PINE PRUNING ACRES = 181.1

B- 2 Quote on all items. Only quotes to the nearest cent will be accepted.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General Specifications

C- 1 Scope of Contract

This contract requires pruning Western White Pine (WWP), slash treatment and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

This work is being solicited as a performance based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

C- 2 Location and Description

The work is located on the Rexford Ranger District of the Kootenai National Forest.

Pruning unit boundaries that are obvious on-the-ground features (clear-cut unit that has become fully stocked with sapling size or smaller trees to cut or uncut stands of mature trees, roads, etc.) will not be flagged. Boundaries on some units will be flagged where expected discrepancies may occur or only a portion of the original logged stand is to be pruned. Pruning will be done on the entire stand. With the exception of Subitems 1.2, 1.3, 2.1, 2.2 & 2.4 which have previously been thinned, it is these acres that will be pruned.

C- 3 Pre-Bid Conference and Tour

A pre-bid conference or tour will not be conducted. Prospective quoters are strongly encouraged to visit the site prior to preparing and submitting their quote. Quoters desiring to visit the site may contact Angie Stafford at the Rexford Ranger Station, telephone (406) 296-7142 or Dave Leeman, telephone (406) 296-7120, during business hours (Monday through Thursday, 6:00 a.m. – 4:30 p.m.) for more information.

The project areas may be reached by Forest Roads that are accessible by standard two-wheel drive pickup trucks equipped for mountain driving during the normal season operation, except as noted below. The Government assumes no obligation to plow snow or do special maintenance to keep roads open.

Subitems 1.1, 1.3 and 2.3 are on gated roads-closed year round, marginal road so may need to walk a short distance.

Subitems 1.2 and 2.2 are on gated roads, closed year round.

Subitems 1.4 and 2.1 are on open roads.

Subitem 2.4 - short walk from open road.

C- 4 Motorized Equipment

Use of motorized equipment will not be permitted off designated roads in the project area without approval of the Contracting Officer. Roads will be open/closed as shown on the Rexford Ranger District Access Map.

C- 5 Salvageable Material

Not applicable to this contract.

C- 6 Definitions of Technical Specifications and Terms

Pruning – The severing of all limbs, live or dead, from the bole of a selected tree to a specified pruning height.

Branch Collar – The basal enlargement of a branch.

Whorl – The arrangement of limbs in a circle around the bole of the Western White Pine tree.

Deficient Trees – Those trees not pruned but should have been pruned, trees improperly pruned, or trees that are excessively damaged by the pruning operation.

Operational Damage – Deep bark gouges, rips, tears (to the cambium), or other damage exceeding one-quarter of the circumference of the bole or damage exceeding one-quarter of the circumference of the limb collar.

Slash – Any vegetation that was cut by the Contractor.

Double-trunk Tree – Two trees originating from the same stump.

Bole – The trunk of a tree.

Duff layer – The partly decayed organic matter on the forest floor.

C- 7 Technical Specifications

A. Required Western White Pine Pruning Equipment. All pruning shall be performed with hand pruners or lopping shears only. No pruning by chainsaws or pruning saws will be allowed.

B. Selection of Western White Pine Trees to be Pruned - Prune all Western White Pine with no obvious bole cankers that also meet the requirements below. Refer to notes on WWP Pruning - Exhibit A.

C. Pruning Methods.

Pruning Height – Prune all branches in accordance with the following:

a) Western White Pine trees will be pruned to a height of 8 feet or 50% of live crown, whichever is less. (Except Item 1.4-see e) below)

b) The pruning height will be determined from the uphill side of the tree.

c) Prune Western White Pine trees which are >4 feet in height.

d) All branches shall be removed from upper height down to ground, watching for those covered by duff vegetation. Epicormic and sucker buds shall be removed.

e) For Item 1.4 snow bent trees shall only be pruned to a height 1/3 of live crown.

Removal of Live and Dead Limbs – All live and dead limbs shall be completely severed from the tree as close to the bole as possible without cutting into the branch collar. Leave approximately one-quarter inch (but no longer than one-half inch) of the branch beyond the branch collar (refer to Exhibit A in Section J).

All live and dead limbs must be severed so as to leave a flat cut surface. The Contractor shall move slash and other obstacles as necessary to achieve proper pruning. The Contractor shall move all branches, grass, brush and duff in order to see buried branches. Remove green needles originating at the bole.

Double-trunk Trees – Both trees will be treated as one. Both shall be selected and pruned in accordance with C-5 B. (Selection of Western White Pine Trees to be Pruned) and C-5 C. (Pruning Methods), above.

C- 8 Resource Protection The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources.

Prevention and Control of Soil Erosion. The Contractor shall minimize soil erosion. Precautions shall include:

* Prevention of gullying of roads and skid trails with and adjacent to the contract area.

* Protection of cover, soil, and water.

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

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

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E- 2 Additional Inspection and Acceptance Requirements Pruning Inspection Procedure. The Government will make periodic inspections. The Contractor or his representative is encouraged to observe the inspection and will receive inspection summaries upon request.

1. Each Unit, as designated on the attached maps and described in the Schedule of Items, will be inspected separately and will not be averaged with any other for acceptance or payment.

2. A series of plots distributed over the entire unit sufficient to yield at least a 2 percent sample of each unit will be taken. Size of plots is 1/50th acre. Plot centers will be marked and numbered.

3. Each plot will be examined and the findings on the items listed below recorded:

a. Number of trees that should have been pruned.

b. Number of satisfactory pruned trees.

c. Number of deficient trees.

Rework and Reinspection After Rework. When inspection results are below 85 percent and deficient trees contribute significantly to the deficiency, payment will not be made until the tree deficiency has been corrected. Reinspections after rework will be made in the same manner as the first inspection but on different plot lines. The contractor shall pay for inspections necessitated by the rework.

E- 3 Quality Assurance Inspections

(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(c) Periodic means one (1) review each month, but may be done more frequently if necessary.

(d) Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

E- 4 Contractor Quality Control The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) F- 2 AGAR 452.211-74 Period of Performance (FEB 1988) The initial period of performance of this contract is from September 15, 2014 through approximately October 15, 2014, dependent upon weather conditions, and then may be subject to continuation in Spring, 2015 after weather conditions are conducive to resuming work.

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

The Government will issue a Notice to Proceed as soon as weather and ground conditions become favorable for work. The count of contract time will start on the date specified on the Notice to Proceed.

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Measurement and Payment

(a) Measurement. The acreages were measured on the horizontal plane within the established boundaries.

(b) Remeasurement. The Contractor may at any time after award request remeasurement of any treatment area. This request must be made in writing within five days after the sub-item is completed. Remeasurement will be made with the established boundaries.

If remeasurement indicates a variance of five percent or less, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the acreage as stated in Section B, Supplies or Services and Prices/Costs.

If remeasurement indicates a variance greater than five percent, payment will be based on the remeasured acreage and the Government will pay for the remeasurement.

(c) Basis for Payment. Pruned trees within the unit will be inspected. The following deductions will be made:

a) Improper tree selection – One (1) deficient tree

b) Improper spacing – One (1) deficient tree

c) Missed prunable tree - ½ deficient tree

d) Improper pruning height - ¼ deficient tree

e) Missed limbs - ¼ deficient tree

f) Stub length too long - ¼ deficit tree

g) Operational damage - ¼ deficit tree

No deduction or combination of deductions shall exceed one full deduction per tree.

Upon inspection of all plots for a sub-item, the quality of pruning shall be calculated as follows:

1.00 – No. of deficient trees X 100 = Quality %

(No. of trees that should have been pruned)

Payment will be made for completed units as follows:

After inspection of completed acreage, the Contracting Officer will calculate the pay rate by multiplying the inspection percentage times the contract unit price per acre.

When the inspection quality is 90 percent or greater, payment will be made at the contract unit price.

When inspection quality is between 85 and 90 percent, payment will be made with actual percentage earned multiplied by the contract price.

Where quality for a sub item falls below the minimum acceptable level of 85 percent, the Contractor may be allowed to rework the area if the quality could in fact be improved. If the Contractor is not able to improve this quality to above the 85 percent level, contract default may occur.

G- 2 FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 5 days of completion by the Contractor. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

G- 3 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. NONE - NOT APPLICABLE.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. NONE – NOT APPLICABLE.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NONE – NOT APPLICABLE.

(13) Burning. NONE – NOT APPLICABLE.

H- 2 Camping Provisions for Labor Intensive Contracts The following provisions apply to all camping on National Forest lands during performance of this contract:

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

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

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

(d) The campsite shall have a clean appearance at all times.

(e) 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.

(f) 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.

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

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

(i) Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

(j) An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

(k) Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

(l) Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

(10) Latex gloves

(11) Resuscitation device such as resuscitation bag, airway, or pocket mask

(n) Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

(o) 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.

(p) The Contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall 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.

(q) The Contractor shall comply with the following fire regulations during fire season:

(1) 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 during the fire season.

(2) All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

(3) All generators and other internal combustion engines will be equipped with USFS 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 (2).

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

(r) Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

(s) The Forest Service reserves the right to terminate a camping permit at any time.

H- 3 Personal Protective Equipment

(a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

(b) Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

(c) Defective or damaged personal protective equipment shall not be used.

(d) The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

(e) 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.

(f) The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

(g) 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.

(h) 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 e.g., chain saw operation.

H- 4 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.

H- 5 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 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:

(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.

H- 6 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.

H- 7 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system.

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative may be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation may be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H- 8 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at the Rexford Ranger Station office.

H- 9 Environmental Management Systems (EMS)

Definition. An EMS provides a systematic approach for continually improving environmental performance and identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

1. Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

2. Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of Wildland Urban Interface (WUI) or Community Wildfire Protection Plan areas.

3. Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-8…