AG-0489-S-10-0412 Opine Beetle Risk 2

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 53

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 379907

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-0489-S-10-0413 DATE

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

Brian Beckstrand calls) 503-668-1648

LOCAL TIME

May 14, 2010 INFORMATION CALL: 1500 Pacific

9. ISSUED BY CODE 10. THIS ACQUISITON IS

EROC-NW

UNRESTRICTED OR SET ASIDE: % FOR

16400 Champion Way SMALL BUSINESS EMERGING SMALL

BUSINESS

Sandy, OR 97055

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $17.5 M OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Deschutes National Forest, Fort Rock Ranger District

16. ADMINISTERED BY CODE

Same as block 18

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY, OR 97055

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TAS::12 1118::TAS RECOVERY

Opine #2 Hand Fireline Construction

Deschutes National Forest

Bend-Fort Rock Ranger District

This request is issued under the provisions of the American Recovery and

Reinvestment Act of 2009

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

See

List of

Payment

Items

Payment

Payment

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 . 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

RECOVERY Opine Beetle Risk #1 (PCT) Solicitation Number AG-0489-S-10-0413

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Hand Fireline Construction

Technical Contact:

Nick Swagger 541-383-4734

Continuation of SF1449 Block 27:

The full text of a clause or provision may be

Accessed electronically at www.acquisition.gov/far.

203,906

FEET

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

http://www.acquisition.gov/far

Vendor Name:

Mailing Address:

City, State, Zip:

Phone

Phone

Fax

E-Mail:

DUNS NUMBER:

TAX IDENTIFICATION

NUMBER (TIN):

MSAWPA Registration

Number

Oregon Farm / Forest

Labor Contractor License

ORCA [Online

Representations and

Certifications) current

YES_____________

NO______________

Identify the crew foremen and relative past experience

Identify the Project

Manager and percentage of time committed to on-the-ground management for this project

REGISTRATION

Contractors must possess a valid Oregon Farm/Forest Labor Contractor‘s License via the Oregon Bureau of

Labor and Industries. Ref: http://www.oregon.gov/BOLI/WHD/W_FFL_Finfo.shtml

Contractors must possess a valid registration under the Migrant and Seasonal Agricultural Workers Protection

Act. Ref: http://www.dol.gov/whd/forms/fts_wh530.htm

Contractors should register with the Central Contractor Registration System. Ref: http://www.ccr.gov

Contractors should submit annual representation and certifications via the Online Representation and

Certifications Application (ORCA) website. Ref: http://orca.bpn.gov

Contractors should register with VETS-100. Ref: http://www.vets100.cudenver.edu

Offer Submittal Documents

A list of offer submittal documents is provided under the Addendum to FAR 52.212-1 Instructions. To receive full consideration for award, all documents must be completed, including a complete Questionnaire. Offers must be submitted to the SF1449 Block 9 location.

http://www.oregon.gov/BOLI/WHD/W_FFL_Finfo.shtml http://www.dol.gov/whd/forms/fts_wh530.htm http://www.ccr.gov/ http://orca.bpn.gov/ http://www.vets100.cudenver.edu/

TABLE OF CONTENTS

SF1449 – Solicitation for Commercial Items

Table of Contents

Contract Specifications, Plans, Exhibits, and Attachments

Contract Clauses

Addendum to FAR 52.212-4 Special Contract Clauses

Full Text Far Clauses o FAR 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements o Supplement to FAR 52.222-42 Statement of Equivalent Rates for Federal Hires o AGAR 452.219-70 Size Standard and NAICS Code Information o FSAR 4G52.222-701 Employment of Eligible Workers o FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal

Agricultural Workers o FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration o FSAR 4G52.222-704 Personal Protective Equipment o FSAR 4G52.222-705 Camping Provisions for Labor Intensive Contracts

List of Clauses Incorporated by Reference o FAR 52.215-5 Contract Terms and Conditions-Commercial Items

Solicitation Provisions

Addendum to FAR 52.212-1

Technical Proposal Submission Instructions

Proposal Submission Documents

FAR 52.212-2 Evaluation – Commercial Items

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items

Addendum to FAR 52.212-3

Government Employees, Former USDA Employees, and USDA Relatives

Questionnaire

CONTRACT SPECIFICATIONS, PLANS, EXHIBITS AND ATTACHMENTS

Performance Period Requirements

Contract Administration

Detailed Specifications

Scope of Contract

Location and Description

Contractor Obligations

Control of Work

Technical Requirements

Inspection and Acceptance

Service Contract Act Wage Determination 1977-0079 Revision 39 – Oregon

Fire Clause and Fire Plan (Separate Attachment)

Maps 1-10 (Separate Attachments)

PERFORMANCE PERIOD REQUIREMENTS

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than Nov 30, 2011. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin Sept 20, 2010.

CONTRACT ADMINISTRATION

(a) CONTRACTING OFFICER‘S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer‘s Representative (COR) or, alternatively, as the

Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference.

The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term ―Contracting Officer‖ as used throughout the contract shall be interpreted to include the Contracting Officer‘s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR‘S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

CONTRACTING OFFICER’S REPRESENTITIVE:

Name: Nick Swagger Telephone Number: (541) 383-4734

Pre-Work Conference: Prior to the start of work the Contractor shall meet with the Government to discuss contract terms and work performance requirements. Discussion will include: the contractor‘s work Progress

Schedule, and Fire Prevention and Suppression Plans. The meeting shall be held prior to issuance of any

Notice to Proceed and within 10 days from contract award at a mutually agreed location. A contractor-designated representative or foreman (whomever the contractor will have on the site) shall be present at the meeting.

DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

It is the purpose of this solicitation to secure services on the Deschutes National Forest, Bend / Fort

Rock Ranger District for hand construction of fireline around leave areas within prescribed burn units.

The effective period of the resulting contract is from date of award through November 30, 2011.

Estimated date notice to proceed will be issued is September 20, 2010.

C.2 LOCATION AND DESCRIPTION

(a) Project Location: Attached project area maps show locations of leave areas, portions of the leave areas requiring line construction, and any adjacent treatment units (prescribed burn, timber harvest, etc).

(b) Accessibility: The project areas may be reached by the Forest roads suitable for hauling of heavy equipment during the normal operating season. The Forest Service assumes no obligation to plow snow or to perform special maintenance to keep roads open.

(c) Boundaries:

(1) Individual treatment unit boundaries have been marked with white or blue tags showing the unit name and number, and blue, pink and black striped, or blue and white striped ribbon.

(2) There may be portions of other lines or boundaries in the area. These may be marked with flagging, aluminum tags, different posters, or a combination of flagging, tags, and posters.

C.3. METHOD OF MEASUREMENT:

(a) The quantities on the Schedule of Items and distances stated in the Detailed Information Sheets and project maps were derived from the leave-area polygon boundaries, using GIS software. Leave area polygon boundaries and the acreages / distances associated with them were established on the ground using mapping-grade GPS methods. Distances were measured on the horizontal plane (2D), to the nearest foot.

(b) The Contractor may, in writing, at any time after award, request remeasurement of distances under this contract as indicated the Detailed Information Sheets and project maps, if he/she feels that distances stated are incorrect. All requests for remeasurement must be made prior to payment(s) for work completed.

Remeasurement requests must be made within 5 business days after completion of work. Remeasurement will be performed by the Government.

(c) If remeasurement indicates that a variance of 7 percent or less exists on distances up to 1320 feet, 6 percent or less exists on distances from 1321 to 2640 feet, or 5 percent or less exists on distances 2641 feet or greater, the Contractor shall pay for the actual costs of the remeasurement. Under this condition, payment will be made on the distance stated in the Detailed Information Sheets and project maps. If the remeasurement indicates the actual distance varies by more than the above factors from that stated in the Detailed Information Sheets and project maps, the payment will be made on the remeasured distance for accepted work, and the Government will pay for the cost of the remeasurement. Remeasured distances will be rounded to the nearest foot for payment purposes.

C.4 CONTRACTOR OBLIGATIONS

(1) Contractor shall furnish all equipment, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the described work according to the specifications.

C.5 CONTROL OF WORK

(1) Project work may be done at any time during the effective period of the contract, except for the following:

(a) When weather predictions indicate a hazardous fire condition warranting the curtailing of operations as specified elsewhere in this contract.

(b) When soil moisture conditions create excessive risk of damage to the soil.

(c) When snow depth creates a situation where requirements cannot be met and/or work cannot be inspected, as determined by the COR.

(d) Operating restrictions for active raptor nests within ¼ mile of treatment areas are in effect from

April 1 through August 31 for ospreys, goshawks, and red-tailed hawks, and January 1 through

August 31 for eagles. There are no known active nests that would affect this contract. If any nests are discovered, operating restrictions would apply.

(2) The Government reserves the right to prioritize the order in which units are treated.

(3) All required line construction shall be completed for one leave area (or adjacent leave areas) prior to commencing work in a new, separate leave area. With respect to topography, boundary and road location, or other factors, exceptions may be made with COR approval.

C.6 PREVENTION AND CONTROL OF SOIL DAMAGE AND EROSION

(1) Water bars shall be constructed in accordance with the table below. Water bars shall be constructed in firelines at the time of initial line construction. The water bar shall consist of a diagonal ditch across the mineral soil portion of the fireline, 10 inches deep and approximately 5-6 feet long. Unless otherwise directed, drainage shall be into burn unit / away from leave area.

Percent Slope Water bar requirement

0% to 9% none

10% to 29% 1 water bar every 300 ft.

30% to 59% 1 water bar every 150 ft.

60% and greater 1 water bar every 100 ft.

(2) Existing water bars in skid trails, roads, and other places, which are disturbed by the Contractor, shall be repaired as directed by the COR.

(3) The Government may determine by visual observation that excessive soil disturbance, displacement or compaction is resulting from the Contractor‘s operations and shall direct corrective procedures. To avoid such damage, the Government may suspend operations in whole or in part for such periods as are necessary.

(4) Damage attributable to the Contractor's operation shall be repaired immediately by the Contractor to prevent accelerated erosion or soil damage.

C.7 PROTECTION OF RESOURCES

(1) The Contractor shall be responsible for any damage caused by their personnel and/or equipment to existing structural improvements such as fences, property line monuments, bearing trees, road surfaces, road blocks, drainage structures, water developments, etc, as a result of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition in a timely manner.

(2) In the event that any cultural or archaeological sites or any threatened or endangered plant species are discovered during operation of this contract, work will be suspended in the immediate vicinity of the site(s) until a reconnaissance survey is completed by the Government.

(a) Contractor shall protect all known and identified historic or prehistoric sites against destruction, obliteration, removal, or damage during contract operations.

(b) Contractor shall bear costs of restoration, provided such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

C.8 OFF-HIGHWAY VEHICLE (OHV) TRAIL SYSTEM

The project area lies within the East Fort Rock OHV Trail System. Where leave area boundaries are immediately adjacent to these trails, construction of line is not necessary, and will not be required in this contract. Some line construction required by this contract will be anchored into the trails at the time of the prescribed burn, however, in order to prevent trail users from riding firelines, the firelines will not be connected to the trails at the time of construction. Hence, the following shall apply:

(1) No fireline constructed under this contract shall connect to an existing OHV trail; construction shall stop at a point 30 feet from the trail. OHV trails are shown on the project maps.

(2) Any connection of fireline to an OHV trail will be considered as damage to the trail.

(3) The Contractor shall be responsible for any damage to OHV trails, as a result of contract activities. The

Contractor, at his expense, shall repair any damage to trails and restore them to their original condition in a timely manner.

C.9 PREVENTION OF DAMAGE TO LEAVE TREES AND RESERVE TREES

(1) The Contractor shall be required to exercise care during operations to protect reserve trees. (see C.11

DEFINITIONS – Reserve Trees).

(2) Damaged reserve trees will be considered as:

(a) Live trees over 10‖ dbh which have been cut without prior COR approval.

(b) Live trees that are girdled or scarred so that the bark is removed and cambium / sapwood is exposed on 1/4 or more of the circumference of the bole.

(c) Dead trees over 12‖ dbh which have been cut without prior COR approval.

(3) The Contractor shall be liable to the Government for costs and damages incurred as a result of damaged reserve trees, resulting from the Contractor's operations. Damage will be assessed based upon the following values:

(a) Live trees 10 inches DBH and above $50.00 per tree

(b) Dead trees 12‖ to 17.9‖ dbh $100.00 per tree

(c) Dead trees 18‖‘ and larger $250.00 per tree

(d) All species of select trees $500.00 per tree

C.10 LINE CONSTRUCTION

(1) All fireline construction shall be in accordance with the following specifications.

(a) Location - Firelines shall generally be located adjacent to the leave area boundary, or at a distance up to 50 feet outside of the leave area boundary, and shall be in locations affording the optimal holding capability. The Government may choose to clearly mark the fireline location with flagging. In such cases, the fireline shall be constructed to follow the flagged line as closely as possible. If unforeseen obstacles or circumstances are encountered, variations may be permitted with COR approval.

(b) Clearing Limits - Firelines shall incorporate a cleared area which shall be 10 feet wide and 6 feet in height.

(c) Mineral soil strip - A strip at least 18 inches wide to a maximum of 3 feet wide, and centered within the cleared area shall be further cleared of all grasses, forbs and other vegetation, roots, duff, and any other organic material, to mineral soil. On side slopes that are steeper than 30 percent, the mineral soil strip shall be cup-trenched sufficiently to catch rolling material 6 inches or less in diameter.

(2) Within the 10-foot cleared area, the following material shall be removed:

(a) All woody shrubs.

(b) All live trees less than 4‖ dbh, and all dead trees less than 8‖ dbh. No live trees larger than 10‖ dbh, or dead trees over 12‖ dbh shall be cut without COR approval. The fireline shall be located to avoid such trees.

c) All limbs extending within the cleared area shall be cut, as flush to the tree as possible. Limbs shall be cut when they enter the fireline clearing limits if they cannot be cut at the tree.

d) Slash (see C.11 DEFINITIONS – Slash) and litter shall be removed from the 10-foot clearing strip.

Natural ground duff need not be removed except from within the mineral soil strip.

e) A 4-foot section shall be removed from logs located across the fireline.

(3) Material shall be disposed of as follows:

(a) Material removed from within the cleared area shall be placed on the side of the fireline away from the leave area, and scattered.

(b) Material removed from within and to create the mineral soil strip shall be scattered over the leave-area side of the fireline.

(c) Log sections shall be left at least 10 feet away from either side of the fireline.

(d) Material shall not be placed in any road surface, OHV trail, hiking trail, horse trail, or within 6 feet of any road or trail surface.

C.11 DEFINITIONS

Bole – The main stem of a tree from which individual branches radiate.

DBH – ‗Diameter at Breast Height.‘ The diameter of the bole of a tree, measured at a point 4 ½ feet above ground level on the uphill side of the tree.

Reserve Trees – For this contract, Reserve trees shall include the following:

(1) All trees greater than the maximum cut tree specification.

(2) Wildlife Trees – those designated as reserved for use by wildlife. Marked with orange paint and/or brown metal signs.

(3) Select Trees – those exhibiting desirable characteristics and which have been selected for participation in a Genetic Tree Improvement Program. Marked with a wide horizontal band of orange paint and/or yellow metal signs.

Slash – Vegetative material including stems, limbs, broken tops, cull logs, chunks, and pushed out stumps and root wads, resulting from thinning, skidding or other contract activity, or naturally occurring fuels which have accumulated as the result of disturbances such as beetle-kill, fire, and snow or wind damage.

INSPECTION AND ACCEPTANCE

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

CONTRACTOR INSPECTION PROCEDURES

NOTE: The requirement for a formal Contractor-furnished inspection system is hereby waived. The

Government will maintain all inspection systems for work provided under this contract. However, this does not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

GOVERNMENT INSPECTION AND ACCEPTANCE

(1) The COR or a designated inspector will make periodic inspections while work is in progress, usually daily at first, to assure that work is proceeding satisfactorily. Subsequent inspections will normally be made following notification by the Contractor of completion of individual treatment units.

(2) Inspections will be made by the Government using a visual examination of the work for compliance with all terms and specifications. If the work does not meet contract requirements, the Government will identify existing deficiencies.

(3) Acceptance will be based on the results of the Government‘s visual examination of the work.

REWORK

(1) Work that is not in accordance with specifications shall automatically require rework, as many times as necessary to conform to specifications.

(2) All rework ordered by the Government shall be made within seven (7) calendar days.

USATISFACTORY WORK

(1) When the defects in services cannot be corrected by rework, the Government may

(a) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

(b) reduce the contract price to reflect the reduced value of the services performed.

(2) Repeated failure to produce acceptable work quality will be considered reason for contract termination and default action.

WD 77-0079 (Rev.-39) was first posted on www.wdol.gov on 12/08/2009

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage | Wage Determination No: 1977-0079

Director Determinations | Revision No: 39

| Date Of Revision: 11/30/2009

State: Oregon

Area: Oregon Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract(s) for Forestry and Logging Services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 14.23

08040 - Choker Setter 14.33

08070 - Faller/Bucker 25.30

08100 - Fire Lookout 13.76

08130 - Forestry Equipment Operator 16.62

08160 - Forestry/Logging Heavy Equipment Operator 16.62

08190 - Forestry Technician 18.33

08200 - Forestry Truck Driver 14.55

08250 - General Forestry Laborer 11.47

08280 - Nursery Specialist 19.06

08310 - Slash Piler/Burner 9.15

08340 - Tree Climber 9.15

08370 - Tree Planter 12.89

08400 - Tree Planter, Mechanical 12.89

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same

Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the

Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of

Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R.

5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of

Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}

When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a

Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4 SPECIAL CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions – Commercial Items is incorporated by reference.

FAR 52.215-2 -- Audit and Records -- Negotiation (Mar 2009) (Alt I)

(a) As used in this clause, ―records‖ includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor‘s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the

Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor‘s records, including computations and projections, related to --

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General—

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor‘s or any subcontractor‘s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting

Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating --

(1) The effectiveness of the Contractor‘s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart

4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition --

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the

Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

(Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

―Contract,‖ as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited

to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

―First-tier subcontract‖ means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

―Jobs created‖ means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009

(Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‗‗full-time equivalent‘‘ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

―Jobs retained‖ means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‗‗full-time equivalent‘‘ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

―Total compensation‖ means the cash and noncash dollar value earned by the executive during the contractor‘s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS

123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds

$10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American

Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov .

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government‘s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor‘s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor‘s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor‘s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the

Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor‘s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and http://www.federalreporting.gov/

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities

Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal

Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under

$300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over

$25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the

Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor‘s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor‘s physical address including street address, city, state, and country.

Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor‘s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor‘s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts

(and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts

(and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the

Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

Supplement to FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

Any parties interested in the rates that would be paid if the Government completed this work with Government

Employees should contact the issuing office for this information.

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ___ALL____

-- NAICS Code ____115310____

-- Size Standard ___$17.5 MIL__

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

(see 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 three years, or one 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.

FSAR 4G52.222-702 Labor Standards 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 (see 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 assure 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, and 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.