DRAFTMBS_Rd_Maint_IDIQ.pdf

Page B-1

Road Maintenance Multiple Award Task Order Contract (MATOC)

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BASE PERIOD

ITEM No. DESCRIPTION ORDERING PERIOD

Road Maintenance Services

As set forth in each separate task order solicitation.

12 months from date of Award

OPTION PERIOD ONE

ITEM No. DESCRIPTION ORDERING PERIOD

Road Maintenance Services

As set forth in each separate task order solicitation.

12 months from end of the base period

OPTION PERIOD TWO

ITEM No. DESCRIPTION ORDERING PERIOD

Road Maintenance Services

As set forth in each separate task order solicitation.

12 months from end of Option Period One

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

C.1. OVERVIEW:

US Forest Service Region 6 and the Mount Baker-Snoqualmie National Forest are in need of Road Maintenance Services for multiple locations.

These are roads providing access to and within National Forests and other federal lands managed by National Forest programs. They generally include Forest Highways, Forest Development Roads, and Parkways.

The intent of this performance based service contract is to provide for roadside brushing and road maintenance of forest roads. The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in task orders. The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

Umbrella Contract – The government intends to award no more than three (3) MATOC contracts, with a $3,000,000 combined maximum quantity to be ordered, depending upon the relative merits of the proposals received. The combined maximum for the MATOC contracts is calculated as the sum of all Task Order awards and modifications.

Individual Contract Minimum - The minimum amount guaranteed for the life of the individual contract is $2,000; this minimum may be awarded at any time during the life of the contract

Task Orders - All work will be awarded on a Task Order basis. As requirements develop and funding becomes available, Task Order Requests for Proposals (TO-RFP) will be issued among the MATOC contract holders. Task Orders will vary in size, ranging from $5,000 to approximately $500,000. Each Task Order is considered a separate contract. At the Contracting Officer’s discretion, projects under $5,000 may also be awarded under this contract.

Task Order formats:

Firm Fixed Price – These task orders are issued for specific (known) work at the time the TO-RFP is issued. This may be for emergency or routing maintenance needs such as removal of slide material, large volume known maintenance needs, etc.

Blanket Task Order (BTO) – These task orders are considered Not To Exceed (NTE) orders. The MATOC contractors compete for this work for the period of time indicated in the TO-RFP. The MATOC contractors bid the unit prices for the estimated quantities in the schedule. Actual work will be ordered by issuance of a Work Order (See Section J for sample) against the BTO using the unit prices. Each work order amount is subtracted from the total amount of the BTO funds. Work Orders issued and work accomplished shall not exceed the total amount of funds obligated on the BTO.

C.2. SPECIFICATIONS.

(A) Types of task orders to be issued under this MATOC

(1) Emergency Maintenance Projects: This type of project may require operations during or immediately after a natural disaster or catastrophic failure. These actions

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Page C-2 may be required to restore essential travel, protect facilities, or minimize damage.

The contractor may be required to travel to the site of the damage to obtain project information. The Government may provide limited information such as a brief Statement of Objective or project overview, and require the contractor(s) to quickly determine approach and price, and then begin work immediately following award of the project.

(2) Routine Maintenance: The contractor(s) will be provided with a solicitation package and allowed reasonable time for review, estimating, and submittal of proposals.

C.3. WAGE RATES.

Service Contract Act Wage Determinations are applicable to task orders awarded under this contract. By submitting an offer, the contractor agrees to comply with Wage Determination in effect at the time the TO/BTO is awarded.

C.4. ORDERING PROCEDURES FOR TASK ORDERS.

(A) Task Order Synopsis. The contractor will receive a synopsis. The synopsis will provide a brief description of the project, the anticipated proposal issue date, and any site visit date and time. The synopsis may be issued verbally, via e-mail, fax, or mail.

(B) Task Order Requests for Proposals (TO-RFP). When the Government requires work under the MATOC, a TO-RFP will be issued. The TO-RFP will generally include a Scope of Work/Statement of Objective, clauses and provisions as applicable, applicable wage determinations, evaluation criteria (price only or price and other factors), and submission requirements (e.g. price schedule, proposal requirements, etc).

(1) Task Order Pre-award Expenses. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-task order costs.

(2) Site Visits. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers. The Government may or may not schedule a joint site visit for individual task orders.

(3) Proposal Contents. Depending upon the requirements of each TO-RFP, the Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. Contractors shall respond within the number of calendar days stated in the TO-RFP. Depending on the nature of the project, the contractor may have less than one day to submit a proposal.

(4) Declining a Task Order. Contractors are not required to submit a proposal for each Task Order. The contractor must decline a project by written notice that states the reason for declining to the Contracting Officer within two business days after the proposal due date and time. MATOC contractors who do not propose on three or more projects within a twelve-month period will be reviewed and may be removed from the list of eligible offerors for task orders by determination of the Contracting Officer.

(5) Competing for a Task Order. All MATOC contractors will be given the opportunity

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Page C-3 to compete on all Task Orders, unless, the CO determines past performance makes the contractor ineligible or a sole source action is justified (See Section C.5). In determining eligibility to compete, the Contracting Officer will consider such factors as present and past performance on task orders under the MATOC contract, quality, timeliness, special expertise, or other factors the Contracting Officer determines are relevant to the award of a particular task order. Failure to prosecute the work diligently on task orders may be cause for the Contracting Officer to determine a contractor ineligible to compete on a future TO-RFP(s).

(6) Evaluation Method and Procedures. The basis for award of individual task orders may vary depending upon the goals and objectives for each Task Order. The basis of award will be described in the TO-RFP. Examples of a basis for award are:

1. The Task Order award will be based on price only.

2. The Task Order will be awarded to the contractor offering the best value to the Government, considering both price and non-price factors. The Government reserves the right to accept other than the lowest priced offer. [NOTE: The TO- RFP will describe whether price is less important, more important, or equal in importance to non-price factors.]

(7) Award Decision. Whenever possible, award will be made without discussions. The Government reserves the right to reject all offers.

(C) Task Order Award Notification. Task Order award may be via mail, electronic or facsimile. The task order becomes binding when the Contracting Officer signs the order.

(D) Task Order Format. Task order documents may follow the format set forth below:

Section Content A Notice to Offerors A SF 1442, Solicitation, Offer and Award A Bid Schedule B Solicitation Provisions C Contract Clauses D Davis-Bacon Wage Rates E-G Special Contract Requirements/Contractor Proposal H Permits (If applicable) I Stormwater Pollution Prevention Plan (If applicable) J Miscellaneous (If applicable)

- Project Plans

The TO-RFP and Task Order award documents will contain all general and tailored clauses and provisions applicable to that project.

(E) Electronic vs. Paper copies. When electronic copies of the awarded task order or the TO- RFP are not feasible, the Contractor will be provided paper copies. All further reproduction shall be at the Contractor's expense.

C.5. ORDERING PROCEDURES FOR SOLE SOURCE ORDERS

(A) The Contracting Officer reserves the right to award a task order without competition based

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Page C-4 on a determination that:

(1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; OR

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; OR

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; OR

(4) It is necessary to place an order to satisfy a minimum guarantee.

(B) The contractor shall provide copies of their bid worksheets that lists the bid item cost breakout to include labor categories, hours, materials, subcontractor/supplier quotes and the prime contractor’s profit and overhead separately identified. The subcontractor/supplier quotes shall be in enough detail for the government to be able to discern the scope of the services and materials included in the price.

(C) All prices must be fair and reasonable. If required, audits may be performed. The Government may negotiate the proposal as deemed necessary.

C.6. PERFORMANCE EVALUATIONS

The Government may complete a contractor’s performance evaluation at the conclusion of each Task Order or at any other time. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The copy may be either hardcopy or electronic via the Contractor Performance and Assessment Reporting System (CPARS) online program.

C.7. PROTESTS OF TASK ORDER AWARDS.

In accordance with FAR 16.505(a) (9), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

USFS Ombudsman. If a Contractor believes they were not fairly considered for a particular task order, the Contractor may present the matter to one of the Contracting Officers listed in Section G, page G-1, paragraph G.3. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman - Associate Administrator for Federal Highway Program (HFL-1), Room 6311 FHWA, 400 7th Street SW, Washington D.C. 20590. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the contractor was afforded a fair opportunity to be considered for the task order.

C.8. GENERAL CONTRACT REQUIREMENTS.

(A) Additional MATOC awards. The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and geographic constraints as this contract. In this event, new MATOC Contractors, in

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Page C-5 accordance with the terms of their contracts, may compete for task orders with the contractors selected under this solicitation.

(B) Task Order proposals will not be publicly opened or released. Unsuccessful offeror’s proposal information will not be made publicly available.

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SECTION D—RESERVED

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SECTION E--INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference (FAR 52.252-2)(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)

The following clause applies to all project work paid for by the hour:

52.246-6 Inspection – Time-and-Material Labor-Hour (MAY 2001)

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SECTION F--DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference (FAR 52.252-2)(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

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 PERIOD OF SERVICE.

This contract will be in effect for 36 months from date of award if all options are exercised. No work can be ordered after this date.

Task orders issued on or before the end of the 36th month will have their own completion date which may extend beyond the end of the effective period.

F.3 Effective Period of the Contract (AGAR 452.211-75) (FEB 1988) The effective period of this contract is from See Schedule and See Schedule.

This is the “effective period” referenced in Clause FAR 52.216-22 Indefinite Quantity (OCT 1995).

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SECTION G--CONTRACT ADMINISTRATION DATA/ACCOUNTING

AND APPROPRIATION DATA

G.1 ACCOUNTING AND APPROPRIATIONS DATA.

This data will be included in individual task order award documents.

G.2 GOVERNMENT-FURNISHED PROPERTY.

When applicable, the TO-RFP will include property information. Use and maintain the property in accordance with the applicable property clauses.

G.3 CONTRACTING OFFICERS.

Only the Contracting Officer awarding this MATOC or their designated successor CO may modify the MATOC contracts.

Any USFS designated CO may issue Task Orders against this MATOC within the limits of their authority and for work within the scope of this contract

G.4 POST AWARD CONFERENCE (AGAR 452.215-73)(NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within stated days after the date of contract award. The conference will be held at Location, date and time specified on the TO-RFP.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Accident Prevention (FAR 52.236-13)(NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

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H.2 Use of Premises (AGAR 452.236-72)(NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) National Forest Road Rules applicable to the National Forest are incorporated by reference. Copies are available upon request.

H.3 Archaeological or Historic Sites (AGAR 452.236-73)(FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.4 Control of Erosion, Sedimentation, and Pollution (AGAR 452.236-74)(NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.5 Rights In and Use In Materials

The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation.

Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace, without additional compensation, sufficient materials equal to the portion of the work, which was originally contemplated to be constructed with such material.

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H.7 Control Stakes

The Contractor is responsible for the preservation of existing benchmarks and other control points. The cost of replacing them may be charged against the Contractor and may be deducted from the payment for the work. If the Contractor finds a missing stake he will notify the Government who will replace the missing stake within two (2) days.

Flagging not associated with stakes can be ignored.

H.8 Landscape Preservation

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided in the Special Project Specifications, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock, which falls outside the roadway, due to contract operations and dispose of it as directed by the Government.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen’s, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government.

H.9 Control of Noxious Weeds – Cleaning of Equipment

To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forests, the Contractor shall clean all equipment, except transports, of soil, seeds, vegetative matter, and any other debris that could contain seeds before moving the equipment onto the National Forest. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall clean all equipment of weed seeds prior to moving to another work area.

Prior to transporting equipment on to the National Forest, Contractor shall repair all equipment hydraulic, lubricant, and fuel leaks.

The Contractor may use whatever cleaning methods necessary to ensure compliance with the terms of this clause. The Contractor shall notify the Forest Service, prior to moving any equipment on to the National Forest that the equipment has been cleaned and is available for inspection. Notification shall include identifying the location of the equipment’s recent operations.

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The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, “equipment” includes all motorized equipment used in road maintenance, except transports.

The following equipment is excluded from the requirements of this clause: log trucks; chip vans; pickup trucks & other vehicles used to transport personnel.

H.10 Employment of Eligible Workers (FSAR 4G52.222-701) (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.

H.11 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (FSAR 4G52.222-702)(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

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Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland firefighting.

(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 also 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.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, 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.

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(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. 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 three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which 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 driver’s 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

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(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.

(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.12 Migrant and Seasonal Agricultural Worker Protection Act Registration

(FSAR 4G52.222-703)(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 an 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.13 Personal Protective Equipment (4G52.222-704)(FEB 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

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The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H.14 Camping Provisions for Labor Intensive Contracts

(4G52.222-705)(FEB 2007)

The following provisions apply to all camping on National Forest lands during performance of this contract:

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

Every structure used as shelter 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.

The campsite must 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 is permitted within developed recreation sites or along primary recreation roads.

The campsite shall have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and

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Page H-9 improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

Unless otherwise designated by the contracting officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted. Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. Sanitary facilities 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. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. 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. 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.

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

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (Band-Aids) One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

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.

Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material 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.

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The contractor shall comply with the following fire regulations during fire season:

During the fire season, a shovel, axe or Pulaski, 10- quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

All fire rings or outside fireplaces must 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.

All generators and other internal combustion engines must be equipped with U.S.

Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

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

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

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

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SECTION I--CONTRACT CLAUSES

I.1 Clauses Incorporated by Reference (FAR 52.252-2)(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/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 CONTACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (Jul 2013)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, DRAFT -N

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Page I-4 and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

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(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the…