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SERVICE RFQ

AG-24H8-S-09-0106

Bradford RD Site Preparation (Southwest)

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

North East Acquisition Team

4 Farm Colony Drive

Warren, PA 16365 See Section F

FOB DESTINATION

OTHER (See Schedule)

29 Forest Service Drive

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

Please enter pricing in Section B

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Bid Item 1

Description

Quantity Unit Price

Amount

Project Area 204017 Acres

Project Area 283020 Acres

Project Area 331002 Acres

Project Area 331021 Acres

Project Area 353014 Acres

Total Acres:

Total Quote Item 1:

Bid Item 2

Description

Quantity Unit Price

Amount

Project Area 440022 Acres

Project Area 440030 Acres

Project Area 447003 Acres

Total Acres:

Total Quote Item 2:

Additional Contractor Notes:

1) AWARD: More than one award may be made for this solicitation. Offerors must be registered in www.ccr.gov and https://orca.bpn.gov. in order to receive an award.

2) TECHNICAL SUBMISSION PACKAGE

Contractors shall provide sufficient information for the government to evaluate past performance and tree/shrub identification skills. This can be a short write-up of similar jobs done in the past that required tree identification, along with names and phone numbers of references from these jobs. The attached experience questionnaire can be used for this purpose if desired.

3) PROJECT AREA EXAMINATION: Prospective bidder is encouraged to examine the project areas prior to bidding to view the access to the project areas, to determine the amount of work needed to fell the undesirable vegetation and slash disposal needs.

4) QUANTITY VARIATION: Acreages are estimated for specific Areas. Also, additional areas may be added to/deleted from this contract (up to 15% +, or -); said quantity changes to be subject to original contract pricing; any variance above, or below this percentage, shall be subject to negotiation with Contracting Officer and prospective Quoter.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 - GENERAL SPECIFICATIONS

100 - SCOPE OF CONTRACT

A) It is the intent of this contract to select and release crop trees. The objective of these treatments is to select individual trees for retention as future crop trees and remove competing trees (using chainsaws, brush cutters or other hand tools) from around them.

B) This solicitation requires tree release and thinning, slash treatment, and related work in compliance with its terms, specifications and provisions. Only trees smaller than 6.0 inches in diameter, at breast height, will be cut with the exception of beech , birch, pin cherry, and striped maple which may be cut up to 8” in diameter. The work will generally occur in young, densely-stocked, sapling-sized stands. This dense stocking can impede walking and working with chainsaw or brush cutting equipment. Contract work in some project areas will result in large numbers of undesirable stems being felled. The contractor shall furnish operating supplies, tools, labor, equipment, transportation, supervision, and incidentals except those items listed as Government-furnished property.

110 - LOCATION AND DESCRIPTION

REFER TO ATTACHED MAPS

Bid Item 1: Crop Tree Release A) Project Area 204017 Approximately ¼ mile west of FR245 with the rocky gap ATV trail traversing from north to south along the western edge. Placement of warning signs along the ATV trail will be required while cutting occurs. Area can be accessed using OGM roads extending off of FR 245. This 20-year-old stand contains a diverse number of crop tree species including red oak, white ash, and black cherry. Follow flagging surrounding project area.

B) Project Area 283020 Approximately ½ mile southwest of FR 555 and approximately ¾ mile west of old SR 337. This 18-year-old stand was established with natural and artificial regeneration. Tree shelters are present throughout the area. Stand contains variety of crop species including oak, red maple, and black cherry. Stand adjacent to private land. Follow flagging along southern and western boundaries of project area where adjacent areas are of similar age. Remainder of area surrounded by mature timber C) Project Area 331002 South of intersection of Kelly Hill Road and Old SR 337 (Izenbrown Corners). The 14-year-old stand contains several small patches of red pine that has been excluded from the project area acres. Eastern boundary of stand is west of Kelly Hill Road. Stand contains mostly red maple and oak crop trees. The stand is bordered by mature timber and roads D) Project Area 331021 Approximately 2 miles south of project area 331002 above (Izenbrown Corners) along Kelly Hill Road. This 15-year-old stand was regenerated both naturally and artificially. Tree shelters are present throughout the area. Stand is dominated by oak crop trees. Area contains patches of red pine plantations that have been excluded from treatment. Mature timber along southwestern boundary is private land. North and northwestern edge is flagged where similar aged stand borders project area E) Project Area 353014 Area is located approximately 2 miles north of SR 666 (near Kellettville) just north of FR159Aa which connects to FR342. This 12-year-old stand is dominated by black cherry and red maple with limited oak crop trees present. Follow old 3-stripe surrounding project area.

Bid Item 2: Crop Tree Release A) Project Area 440022 Located approximately 2 miles northwest of Marshburg, adjacent to 435A. This 19-year-old stand is dominated by black cherry with a moderate amount of black knot present. Work within this area will aim to release crop trees free of black knot (see 200b-crop tree criteria). Within stand minority species such as red maple will be sought to be released within this stand if present. Area flagged along western edge where adjacent stand is of similar age. Otherwise area is bordered by mature timber B) Project Area 440030 Located approximately 2 miles northwest of Marshburg, adjacent to 435A.This 19-year-old stand is dominated by black cherry with a heavy amount of black knot present. Work within this area will aim to release crop trees free of black knot (see 200b-crop tree criteria). Within stand minority species such as red maple will be sought to be released within this stand if present. The one-acre area southeast of 435A not included in treatment area. Area flagged along western edge where adjacent stand is of similar age. Otherwise area is bordered by mature timber.

C) Project Area 447003 Located approximately 8 miles west of Marshburg just south of SR 59. Stand can be accessed by foot either off of FR454 or from FR510. This 18-year-old stand is fenced and contains both natural and artificial regeneration. Crop species includes mostly oak species. Follow flagging from bottom of FR510 to this fenced area

120 - ACCESS

Project areas may be reached by Forest Roads that are accessible by standard pickup truck during the normal working season. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. An actual visit to the sites prior to bidding is encouraged to view the access to the project areas. The Contractor is responsible for any damage caused by their operations. Some project areas may be on a gated road. A Forest Service key will be provided as necessary to the successful bidder for access.

130 - PRODUCTION

The density of trees on project areas vary to a large degree from unit to unit and within units. Only by on-the-ground examination can prospective Contractors determine the work entailed in felling and slash disposal.

140 - SAFETY

It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the Contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR immediately. Work on other areas of the contract that the Contractor does not view as unsafe should continue.

150 - NOTIFICATION

The Contractor is required to keep the Contracting Officer currently informed of their work schedule and physical location of their work force to permit ready location and timely inspection of accomplished work. The Contractor shall also notify the Contracting Officer at least monthly of the progress being attained on this project. This notification can be either oral or written.

DIVISION 200 - TECHNICAL SPECIFICATIONS

200 – INDIVIDUAL TREE THINNING – (Bid Items 1& 2)

A) Crop Tree Selection Criteria

1) The contractor will select crop trees to be released. Crop trees shall be marked in each Project Area prior to the start of cutting. Each selected crop tree shall be marked with a 1-2 inch wide painted band at 4.5 feet above ground level using water-based paint. The average number trees at completion for each Project Area should result in 35-40 well distributed trees per acre, but may range between 20-60 trees per acre in any given portion of a Project Area. Contractor will contact the Forest Service for inspection of selection and marking of trees within each individual Project Area prior to the start of felling operations within that specifc Project Area. Forest Service will have three business days to inspect the Contractor’s marking from the reception of Contractor’s notification.

2) The Contractor will select crop trees in the following order of preference

a. white oak

b. red oak

c. other oak

d. tulip/yellow poplar

e. white ash

f. cucumber

g. black cherry*

h. sugar maple

i. red maple

* In stands dominated by black cherry (Allegheny Hardwood Stands) sugar maple and red maple will be prefered if present as a minority species.

3) Clumps of beech and birch may be avoided (not cut) if no desirable crop trees exist within them.

4) Select trees in the dominant or codominant crown class. Intermediate oak trees shall be considered if they have good leaf and crown development. Tolerant species like sugar maple trees in the intermediate or suppressed crown class may also be considered if they have good leaf and crown development Avoid selecting flat topped trees as crop trees.

5) Selected trees shall be reasonably straight, free of stem damage and have a healthy appearing crown. Avoid selecting flat topped trees as crop trees.

6) The following characteristics shall be avoided when selecting crop trees:

a. Trees with forks within 12-foot of ground level, bird pecks, or other defects that reduce grade.

b. Trees with epicormic branches below main crown.

c. Trees with dead branches in the upper crown.

d. Trees with evidence of splitting of the main stem below live crown, large holes, or open wounds.

e. Trees with black knot on the main stem or threatening more than 50% of the live crown.

f. Reserve trees, which are usually pole-sized or larger trees retained during the last regeneration cut.

g. Trees leaning greater than 20 degrees from vertical from the stump.

7) Stump Sprouts - Trees originating from seed should be selected over sprout clumps. Sprout clumps shall be considered when no candidate individual trees exist.

a. No more than two crop trees per sprout clump shall be selected.

b. Selected sprout shall originate at or near the groundline.

c. Cut sprouts shall result in a smooth surface, flush with the bark.

d. Avoid injury to the remaining crop sprout.

B) Crop Tree Release Cutting Criteria

Crown

a. Fell trees with crowns overtopping, touching or within one foot of the crown of each selected crop tree.

b. Sever live trees up to 6.0 inches in diameter at breast height (dbh) and up to 8 inches for beech, birch, pin cherry or striped maple.

c. No snags of any size shall be felled, unless the snags present a safety hazard.

d. In the event of multiple crop trees occurring close together with adjoining crowns, fully release around the multiple crowns.

e. Tree below the crown of the crop tree shall not be removed. These stems will be retained to prevent epicormic branching.

201 - STUMP HEIGHTS

Maximum stump heights shall be 6 inches above the ground, unless designated in writing by the COR. Stump sprouts (multiple stems) will be cut as close to the ground as possible. Stumps will be cut in a manner which results in a flat (parallel with the ground) surface. Angular stump cuts will not be allowed. Trees shall be completely severed from the stump.

202 - BOUNDARY TREES

Boundary trees are not to be felled. Project area boundary trees are either: marked with orange or white painted three-stripe, or designated with flagging on the trees.

203 - OTHER MARKED TREES

Trees marked with marking paint, flagging or attached to fencing shall not be felled.

204 - SLASH DISPOSAL

Slash (cut/felled material) shall be placed on or near the ground surface, so that it will not lean against or be suspended by an uncut tree. Do not pile cut trees or brush on top of designated crop trees.

205 - PROTECTION, USE, AND MAINTENANCE OF IMPROVEMENTS

Cut trees shall be felled away from pipelines, oil, gas and mineral development, wells, power lines, trails, fences, survey monuments, roads, streams, and any other improvements designated by the COR. If such improvements are damaged by Contractor's Operations, Contractor shall restore them to conditions existing prior to damage. There are active oil leases in some of the project areas.

206- DEAD TREES

Only live trees will be cut; all snags encountered will be retained unless they are a hazard to Contractor safety.

207 - DESIRABLE SPECIES

In addition to other species not specified for cutting in this contract, the contractor shall use care to not cut or damage any hickory, eastern white pine, butternut, black walnut or American chestnut, black gum, serviceberry or witch hazel saplings or trees.

208 - MEASUREMENT

A) Measurement - The acreages have been measured on a horizontal plane within the established boundaries.

B) Remeasurement - The Contractor may at any time after award request remeasurement of any treatment area. The request shall be made in writing. Remeasurement will be made within the established boundaries. If remeasurement indicates a variance of 10 percent or less, the Contractor shall bear the cost of remeasurement and payment will be based on the remeasured acreage. If remeasurement indicates a variance greater than 10 percent, payment will be based on the remeasured acreage and the Government will pay the cost of remeasurement.

209– RESERVE AREAS Reserve Areas are areas within the stands that are uncut. These areas are generally designated with three-striped green or white paint around the boundary. No trees shall be cut within these reserve areas.

210- SAFETY SIGNS Project Area 204017 is traversed by the Rocky Gap ATV trail. Placement of warning signs along the trail shall occur while working within the project area.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--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

52.246-1 Contractor Inspection Requirements (APR 1984)

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

INSPECTION RECORDS

Contractor shall not be required to maintain an inspection system as stated in Paragraph (b) of Clause 52.246-4, Inspection of Services.

INSPECTION METHODS

In accordance with the Inspection Clause the Government is able to inspect the entire work the Contractor performs, and the Contractor shall be required to rework any areas that are not in conformance to the requirements of this contract.

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

Contractor will receive payment in full if the Quality Inspection Percentage on all sub-items is greater or equal to 80%.

Disincentive

Original contract amount will be decreased by 5% for each sub-item where the Quality Percentage inspection results in less than 80%. (For explanation of determination, see Inspection Criteria section below and/or Exhibit D.)

In addition, if the Quality inspection reveals that 20% or greater of Desirable trees are cut for any sub-item, no payment will be issued for that sub-item(s).

QUALITY ASSURANCE PLAN

Acres to be Inspected Each Project Area will be inspected as a separate unit. Units will not be averaged with other units for acceptance and payment. Each area inspection will consist of a well-distributed series of plots sufficient to yield at least a 1%-sample for each unit. Plot centers will be marked and numbered.

Throughout the contract period, the COR/Inspector will also be accomplishing non-PBSC inspections of work performed; however, this will not be considered in regards to PBSC-evaluation.

Definitions

Properly Released: trees released according to specifications (Sections 200b, 201-207, 209).

Not Properly Released: trees not meeting specifications .

Inspection Procedures The COR/Inspector will inspect each Project Area, in accordance with specification Sections 200 & 201.

Inspection Criteria – Bid Items 1 and 2

Each plot will be examined to record findings on the items listed below:

(1) Number of total marked crop trees.

(2) Number of marked crop trees properly released.

(3) Number of marked crop trees not properly released.

(4) Technical thinning/release specifications met.

Upon inspection of all plots for a unit, the quality of thinning shall be calculated as follows:

(# total marked crop trees on all plots - # of improperly released crop trees)

(# of total marked crop trees on all plots)

X 100 = Quality%

Overall Inspection Calculation

The minimum acceptable Quality Inspection percentage is 80% per sub-item. If any individual sub-item inspection yields below 80%, a contract deduction of 5% of the original contract amount will be applied to the final payment for each deficient sub-item. In addition, if the Quality inspection reveals that 20% or greater of Desirable trees are cut for any sub-item, no payment will be issued for that sub-item(s).

Additional Information

Corrective Actions for Poor or Late Performance: Regardless of any anticipated disincentive that may be issued at the end of the contract period, during that same contract period, the

Contractor still has the responsibility to remedy all poor and/or late contract performance issues.

Termination For Default: Government issuance of a disincentive for poor contract performance is neither a settlement, nor alternative to a termination for contract default. During the contract period, and prior to any final PBSC determination, the Government may consider the Contractor’s poor or late performance as a contract default, and as such, grounds for a contract termination.

Final PBSC Determination: The final PBSC determination is made solely by the Government.

Conformance to Contract Requirements: If any of the work does not conform with contract requirements, the Government can require the Contractor to re-perform the work, at no increase in contract amount.

PBSC Payment/Contract Reduction: Contractor will be paid at the end of the calendar year's contract performance and/or the contract reduction will occur prior to final payment.

End of PBSC Section

SECTION F - DELIVERIES OF PERFORMANCE

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

52.242-15 Stop Work Order (AUG 1989)

AGAR 452.211-74 Period of Performance. (Feb 1988)

The period of performance of this contract is from August 1, 2009 through October 29, 2009.

The Contractor shall be required to prosecute the work diligently and complete the entire contract no later than October 29, 2009.

SECTION G - CONTRACT ADMINISTRATION

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within two weeks prior to the start of work. The date, time, and location of the conference will be communicated after contract award.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the work.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PERSONAL PROTECTIVE EQUIPMENT

1.

The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2.

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

3.

Defective or damaged personal protective equipment shall not be used.

4.

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

5.

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.

6.

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

7.

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.

8.

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

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

1.

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

2.

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.

3.

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

4.

The campsite shall have a clean appearance at all times.

5.

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

6.

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.

7.

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

8.

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

9.

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.

10.

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

11.

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.

12.

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.

13.

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

a.

Gauze pads (at least 4x4 inches) b.

Two large gauze pads (at least 8x10 inches) c.

Box adhesive bandages (band-aids) d.

One package of gauze roller bandage at least 2 inches wide e.

Two triangular bandages f.

Scissors g.

At least one blanket h.

Tweezers i.

Adhesive tape j.

Latex gloves k.

Resuscitation device such as resuscitation bag, airway, or pocket mask

14.

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.

15.

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.

16.

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.

17.

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

a.

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.

b.

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

c.

All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d.

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

18.

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

19.

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

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 undocumented workers. 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, pre-commercial 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. 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, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (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 register all vehicles used 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 referenced at 29 CFR 500.105. All drivers must have a current, valid State driver’s license and must comply with Department of Transportation work/rest requirements.

(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 in accordance with applicable state requirements.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the following to the clause at H.8.2, subparagraph (4) Housing:

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation

In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain 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.

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (FAR 52.236-3) (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

DIFFERING SITE CONDITIONS (FAR 52.236-2) (APR 1984)

(a) The contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of-

1. Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract or

2. Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract

(b) The contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6) (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

OTHER CONTRACTS (FAR 52.236-8) (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (FAR 52.236-9) (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

OPERATIONS AND STORAGE AREAS (FAR 52.236-10) (APR 1984)

(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

CLEANING UP (FAR 52.236-12) (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and…