Sections_A-M_FY 2011 TSI RFQ_FAC51.docm

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

Kathy Bosch Brian Keel

362-2307 Ext 214

a. NAME OF CONSIGNEE

231 North Main Street

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

Green Mountain National Forest

Telephone Quotes will not be accepted.

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

Quotation Return Package:

Return Sections A, B, J-6, K, L, and M.

Please address all criteria in Section M when submitting Quotation. Failure to do so may cause your quotation to not be considered for award.

Service RFQ

AG-24H8-S-11-0050

FY 2011 TIMBER STAND IMPROVEMENT

FY 11 TSI CONTRACT GREEN MOUNTAIN NATIONAL FOREST

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Item Unit Number Description Quantity Unit Price Amount Bid Item 1

Area 1 Voter Brook II Unit 2 51 Acres $ $ Comp. 86 Stand 2

Area 2 Voter Brook II Unit 3 22 Acres $ $ Comp. 86 Stand 22

Total Acres for Item 1: 73 Total Quote for Item 1: $

Bid Item 2

Area 1 Voter Brook II Unit 8 22 Acres $ $ Comp. 86 Stand 19

Area 2 Voter Brook II Unit 7 32 Acres $ $ Comp. 86 Stand 18

Total Acres for Item 2: 54 Total Quote for Item 2: $

Bid Item 3

Area 1 Natural Turnpike TSI 29 Acres $ $ Comp. 25 Stand 16

Area 2 Peddlar Bridge Unit 4 2 Acres $ $ Comp. 43 Stand 4

Area 3 Foster Tract 21 Acres $ $ Comp. 46 Stand 30

Total Acres for Item 3: 52 Total Quote for Item 3: $

Bid Item 4

Area 1 Catamount Cobble Oak/Hemlock 32 Acres $ $ Comp. 145 Stand 22

Total Acres for Item 4: 32 Total Quote for Item 3: $

FY 2011 TIMBER STAND IMPROVEMENT

AWARD WILL BE MADE BY INDIVIDUAL ITEM

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

Additional Contractor Notes:

1. Contractor must be registered in www.ccr.gov and https://orca.bpn.gov in order to submit an offer on this project.

2. No pre-quote site visit is planned. It is recommended and urged that you visit the site prior to quoting. Please contact Brian Keel at 802-362-2307, ext. 214 to set up a meeting or get directions to the site.

3. Award will be made by individual Item. Quoters may quote on an all or none basis by writing “All or None” in the following space. ______________________________.

Service RFQ AG-24H8-S-11-0050

Soliocitation No. R9-19-99-29

SECTION C - SPECIFICATIONS

FY 11 TIMBER STAND IMPROVEMENT CONTRACT - GREEN MOUNTAIN NATIONAL FOREST

DIVISION 100 - WORK AREA SPECIFICATIONS

110 - Scope of Contract

It is the intent of this solicitation and any resulting contract to have timber stand improvement (felling work) and any resulting required slash disposal work accomplished on the Middlebury and Manchester Ranger Districts of Green Mountain National Forest. The contractor shall furnish tools, labor, equipment, and supervision required, unless otherwise provided herein.

120 - Treatment Directions

121 - Bid Item 1

Soliocitation No. R9-19-99-29

Area 1 – Voter Brook II Unit 2, Compartment 86 Stand 2, received a shelterwood harvest in 1982 and an overstory removal in 1993. This stand is to receive a crop tree release. Stand composition: Yellow birch, red maple, sugar maple, black cherry, beech and softwoods. Select crop trees on a 20 x 20 foot spacing. Crop trees are to be selected in this order: yellow birch, sugar maple, black cherry, softwoods, red maple, paper birch and beech. Select good quality hardwoods with straight single stems, with the crown as part of the main sapling canopy, the crown relatively symmetrical, boles without damage and overall good form and no major forks. Only those trees which touch the crown or are overtopping the chosen crop trees need to be cut. Overtopped trees whose crowns are below the crown of the crop tree can be left. Any tree that forks at 6 feet above the ground or lower should be pruned to create a single stem. When tree clumps are encountered, including red maple and beech, if they do not need to be cut to release crop trees, select the best tree in the clump and cut all the other stems as near to the ground as possible without damage to the selected tree. Access route into unit 2 is a short access road into a landing off FR 32 approximately .3 miles north of the entrance to the Moosalamoo campground and is flagged with pink and blacked striped flagging. Unit 2 is bounded by FR 32, and by uncut timber on the remaining three sides. Along FR 32 stumps will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all cut material will be pulled back from the road edge a minimum of 25 feet. All cut material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from road edge. No cut material is to be left within the landing (grass opening).

Area 2 – Voter Brook II Unit 3, Compartment 86 Stand 22, received a shelterwood harvest in 1982 and an overstory removal in 1993. This stand is to receive a crop tree release. (SPECIAL REQUIREMENTS FOR THIS STAND: The crop trees have been marked on two sides with blue paint. Release only trees marked with paint. There are about 300 marked trees in the entire 20 acre stand.) Stand composition: Yellow birch, red maple, sugar maple, black cherry, and beech. Only those trees which touch the crown or are overtopping the chosen crop trees need to be cut. Overtopped trees whose crowns are below the crown of the crop tree can be left. Access route into the landing is FR 103 within sight of the Moosalamoo Campground entrance. FR 103 starts at FR 32 and continues through the landing (grass opening) and beyond the eastern boundary of unit 3. There is also a ski trail (looks like a forest road) that branches off of FR 103, and runs north, just beyond the gate which is east of the landing . Along FR 103 and the ski trail, stumps will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all cut material will be pulled back from the road edge a minimum of 25 feet. All cut material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from road edge. No cut material is to be left within the road or the landing (grass opening). Boundary of unit 3 is flagged with blue flagging.

122 - Bid Item 2 Service RFQ

FY 2011 TIMBER STAND IMPROVEMENT

Area 1 – Voter Brook II Unit 8, Compartment 86 Stands 19, received a shelterwood harvest in 1982 and an overstory removal in 1993. This stand is to receive a crop tree release. Stand composition: Yellow birch, red maple, sugar maple, black cherry, softwoods and beech. Select crop trees on a 20 x 20 foot spacing. Crop trees are to be selected in this order: yellow birch, sugar maple, black cherry, softwoods, red maple, paper birch and beech. In patches containing only softwoods do not select crop tries, i.e., do not cut any of the softwoods. Select good quality hardwoods with straight single stems, with the crown as part of the main sapling canopy, the crown relatively symmetrical, boles without damage and overall good form and no major forks. Only those trees which touch the crown or are overtopping the chosen crop trees need to be cut. Overtopped trees whose crowns are below the crown of the crop tree can be left. Any tree that forks at 6 feet above the ground or lower should be pruned to create a single stem. When tree clumps are encountered, including red maple and beech, if they do not need to be cut to release crop trees, select the best tree in the clump and cut all the other stems as near to the ground as possible. Access route into unit 8 is a short access road about the length of a vehicle into a landing (grass opening) off the side road FR 24B off FR 24 (the Moosalamoo Campground Road). A very small portion of unit 8 is bordered by FR 24B. Along FR 24B stumps will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all cut material will be pulled back from the road edge a minimum of 25 feet. All cut material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from road edge. No cut material is to be left within the landing (grass opening). Unit 8 is bounded by uncut timber.

Area 2 – Voter Brook II Unit 7, Compartment 86 Stand 18, received a shelterwood harvest in 1982 and an overstory removal in 1993. This stand is to receive a crop tree release. Stand composition: Yellow birch, red maple, sugar maple, black cherry, softwoods and beech. Select crop trees on a 20 x 20 foot spacing. Crop trees are to be selected in this order: sugar maple, yellow birch, black cherry, softwoods, red maple, paper birch and beech. Select good quality hardwoods with straight single stems, with the crown as part of the main sapling canopy, the crown relatively symmetrical, boles without damage and overall good form and no major forks. Only those trees which touch the crown or are overtopping the chosen crop trees need to be cut. Overtopped trees whose crowns are below the crown of the crop tree can be left. Any tree that forks at 6 feet above the ground or lower should be pruned to create a single stem. When tree clumps are encountered, including red maple and beech, if they do not need to be cut to release crop trees, select the best tree in the clump and cut all the other stems as near to the ground as possible. Access route into unit 7 is either side of the end of FR 24B and the Voter Brook Overlook. Along the sides of the overlook opening and along FR 24B stumps will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the overlook or road edge, and all cut material will be pulled back from the overlook or road edge a minimum of 25 feet. All cut material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from the sides of the overlook or road edge. Unit 7 is bounded by uncut timber.

123 - Bid Item 3

FY 2011 TIMBER STAND IMPROVEMENT

Area 1 – Natural Turnpike TSI, Compartment 25 Stand 16, is a mixedwood timber stand, and will receive an understory softwood release. Cut all hardwoods 1 inch to 6 inches DBH that are within 6 feet bole to bole of any softwood 6 feet tall or taller. Softwoods that are part of the overstory canopy are not to be released. Cutting varies throughout stand from very light to moderate. Along the Middlebury/Lincoln road stumps will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all cut material will be pulled back from the road edge a minimum of 25 feet. All cut material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from the road edge. Access is directly from the East Middlebury/Lincoln Road. The stand boundary, except along the road, is flagged with blue flagging. This stand is flat and much of it is wet with some standing and flowing water.

Area 2 - Peddlar Bridge Unit 4, Compartment 43 Stand 4, was clearcut in 2000. This is a softwood and aspen release. Cut all hardwoods within 6 feet bole to bole of any softwood 4 feet tall and taller. Cut all hardwoods within 6 feet bole to bole of any aspen 1 inch DBH and larger. Do not cut any softwoods or aspen. Where softwoods and aspen are growing within 6 feet of each other, leave both. Cutting varies considerably throughout unit from very light to moderately heavy. Remove cut material from the skid road and the landing. Boundary of unit 4 is uncut timber. Access is from FR 59 by way of a short grassed in skid road that is by a back to back Forest Service firewood permit/don’t litter sign (See map). The skid road is approximated 2.4 miles from Route 125 in Ripton.

Area 3 - Foster Tract, Compartment 46 Stand 30 is an oak stand that received a seed tree harvest in 1995 (an open overstory is still in place) and will receive an understory hardwood crop tree release, and the cutting of vines. This stand contains numerous vines. Cut all vines that are ½ inch diameter or larger at a point where the vine is growing out of the ground. Cut these vines within 1 foot of the point where the vine is growing out of the ground. Select crop trees on a 16 x 16 foot spacing. Crop trees are to be selected in this order: oak, sugar maple, yellow birch, black cherry, softwoods, red maple, paper birch and beech. Select good quality trees with straight single stems, with the crown as part of the sapling understory canopy, the crown relatively symmetrical, boles without damage and overall good form and no major forks. Only those trees which touch the crown or are overtopping the chosen crop trees need to be cut. Overtopped trees whose crowns are below the crown of the crop tree can be left. Any tree that forks at 6 feet above the ground or lower should be pruned to create a single stem. When tree clumps are encountered, including red maple and beech, if they do not need to be cut to release crop trees, select the best tree in the clump and cut all the other stems as near to the ground as possible. Along FR 234 stumps will be cut within 6 to 10 inches of the ground for a distance of 25 feet of the road edge, and all cut material will be pulled back from the road edge a minimum of 25 feet. All cut material will be lopped to within 2 feet of ground in an area between 25 to 100 feet distance back from road edge. Access is from FR 234. The Foster Tract is bounded by FR 234 and uncut timber on three sides. Blue flagging has been hung at the ends of the stand where it meets the road.

123 - Bid Item 4 Service RFQ

Area 1 – Catamount Cobble Oak/Hemlock, Compartment 145 Stand 22, is a timber stand with an understory composed mostly of beech, some striped maple and hemlock with numerous small red oak seedlings, and will receive an understory release of the hemlock and oak. Cut all beech and striped maple ½ inch to 4 inches DBH throughout entire stand. The stand boundary, except along the fence along route 7, is flagged with blue flagging. The north side of this stand is bounded by a government/private line with blazed trees painted red. All cut material will be removed from the private land. No cut material is to be left hanging on the fence by route 7 or left on the route 7 side of the fence. SPECIAL REQUIREMENTS FOR THIS STAND: Access to this stand is BY FOOT ONLY across private land. A letter authorizing access to the stand through the private land will be issued to the contractor upon contract award. Bidders wanting to visit this stand before entering a bid must contact Brian Keel, (802) 362-2307 ex 214, for permission to cross the private land. Work in this stand must be completed by November 30, 2011.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - TREATMENTS WITHIN ALL WORK AREAS

211 – Trees designated for cutting will be felled with axe, chainsaw or brushsaw. If for safety reasons any trees designated by the contract to be cut or girdled, cannot be cut or girdled, contact Brian Keel.

212 - No apple, oak, butternut, mountain ash or serviceberry (shadbush) trees will be cut.

213 - Maximum stump height is 12 inches, unless otherwise stated to the contractor in writing by the C.O.R. due to deep snow conditions. Trees in sprouts (multiple stems) will be cut as close to the ground as possible.

Soliocitation No. R9-19-99-29

214 - Limbing of cut trees is not required. Cut trees that are lodged during timber stand improvement operations shall be cut or pulled down. NO HUNG UP CUT TREES WILL BE ACCEPTED. ALL CUT TREES MUST BE ON THE GROUND REGARDLESS OF THE AMOUNT OF BUCKING REQUIRED.

Service RFQ

AG-24H8-S-11-0050

FY 2011 TIMBER STAND IMPROVEMENT

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

217 – Contractor will exercise caution and care in all operations to prevent damage to all softwood, oak trees and tree species listed under 212 above.

218 – Contractor shall not cut any trees that have large bird nests in them.

220 - Special Requirements

221 – During the contract term, should an active raptor nest be found in any unit of the contract during the months of May through August, the contractor shall immediately stop work in that unit and notify the COR, Brian Keel at (802) 362-2307 ex 214.

230 - Slash Disposal

Slash created by the contractor's operation shall be removed from the clear area of roads, rights-of-way, trails, power lines, and stream courses. No slash may be left hanging in trees. Also, slash will be cleared away from property lines adjacent to contract areas. Prospective bidders should keep this in mind when looking at the areas.

240 - Notification

Contractor shall be required to notify the contracting officer prior to starting work on any items. 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.

250 - Measurement

Method of Measurement - Area computation was done by redi-mapping and/or dot grid or with a GPS unit of timber sale units or stands.

Remeasurement - Request for remeasurement must be in writing. If a remeasurement indicates a variance greater than + or - 10 percent, the Government will pay for the remeasurement and payment for the work made on the basis of the remeasurement. If remeasurement shows a variance within + or - 10 percent of the predetermined acres, the cost of the remeasurement will be deducted from the contract amount.

260 - Safety Equipment and Operations

Contractors must comply with all OSHA standards related to contract work. Failure to use proper personal safety equipment or non-compliance with safe operating procedures, as outlined by OSHA, will result in a work stoppage.

270 - Biobased Products

Biobased Chain Lubricant shall be used on this contract. The following is a choice of biobased products that you can select from on this contract. The Biobased content shall be 77% minimum bio-based content. The following products do meet the minimum. Click on the product below to view information on each product or see Section M for the Biobased products website.

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270 - Performance-Based Service Contract.

This solicitation will result in award of a performance-based service contract.

Performance of contract work in accordance with the Section C, Performance Work Statements, will result in an additional payment to the Contractor totaling two percent of the original award price for the contract season completed and accepted. Failure to perform the work in accordance with Section C, Performance Work Statements, shall result in the Government deducting one two percent of the original award for the contract season not properly completed. There will be no penalty should the COR determine that the contract should stop for a period of time due to a stop work at the Contracting Officer’s request. The COR will inspect and make the additional award or penalty determination in accordance with Section C, Performance Statements. In both cases, and aside from award/ penalty criteria, the Contractor shall complete any rework of the area as determined by the COR, prior to release of any and all progress payments. Also, the award or penalty amounts shall be based on the final contract quantities completed and accepted.

Example A:

Final contract quantity (20 mowings x 3.50 = 70 acres @ approx. $63.57 per acre in Bid Item C):

$4,450 Number of acres per season for Bid Item C that meets criteria per subsection C-25, Performance Work Statement: . . . . 66.5 acres

Bonus amount: . . . . . . . +$89 ($4,450 x 0.02 = $89) 2 percent

Number of acres per season that do not meet criteria per subsection 104-2, Performance Work Statement: . 3.5 acres

280 -- Performance Work Statements

Performance Work Statement

Performance Indicators

Performance Standards (Acceptable Quality Level)

Government Quality Assurance Plan

Effect of Performance Standard

Timber Stand Improvement TSI is done in compliance with the contract and is performed earlier than contract allows.

90% or better conformance with performance indicators in the RFQ.

Gov’t will conduct a compliance inspection on a randomly selected 10% section of each Bid Item grouping.

1) Gov’t will pay an additional 2% of the Bid Price per Bid Item completed & accepted based on the 10% section inspected at the end of the contract period.

2) Gov’t will deduct 2% of the Bid Price per Bid Item not completed on time or accepted based on the 10% section inspected.

3) All work deficien-cies shall be corrected, at the cost to the Contractor, prior to final acceptance & payment.

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

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

SECTION F--DELIVERIES OR 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) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-74 Period of Performance. (Feb 1988) The period of performance of this contract is from September 15, 2011 through June 30, 2012.

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

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at a date and time mutually agreeable to the Government and the Contractor.

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 contract.

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

FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, 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, 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.

(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 drivers license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

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

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

(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:

1. 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.

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

1. 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.

4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEBRUARY 2007)

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

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities 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.

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.

4G52.222-705 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (FEBRUARY 2007)

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

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

Every structure used as shelter 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 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 cContracting oOfficer, 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 must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

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

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

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 USForest 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.

452-237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Foreman

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

In accordance with 29 CFR, Part 500-80 Payrolls Records Required, this contract requires:

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (JAN 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.o.s, proclamations, and statutes administered by the…