RFQ_BRD_Crop_Tree_Release.doc

Service RFQ

AG-24H8-S-16-0011

Crop Tree Release

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

a. NAME OF CONSIGNEE

29 Forest Service Drive

Warren

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

CROP TREE RELEASE

BRADFORD RANGER DISTRICT

Enter pricing on schedule of items in section B, page 2

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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Total 462002

273022

ADDITIONAL VENDOR NOTES:

1. Basis of Award – Award under this solicitation shall be based on Simplified Acquisition Procedures, and shall consider both price and other factors (e.g. past performance (quality, timeliness, cost control, business practices, customer satisfaction) knowledge of local forest tree species and ability to select crop trees to specifications).

2. Project Area Examination - Project Area locations and descriptions are briefly described in Specification 110. Prospective bidders are encouraged to examine the project areas prior to bidding to view the access to the project areas and to help determine the amount of work needed to release desirable trees. No “show-me” trip is scheduled.

3. Quantity Variation – Acreages are estimated for Project Areas. Additional Acres may be added to or deleted from this contract of up to +/- 15% of the total listed. Said quantity changes are subject to original contract pricing. Any variance above or below this percentage shall be subject to negotiation between the Contracting Officer and the successful Quoter.

Vendor Signature

Date 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.sam.gov in order to submit an offer on this project. Obtaining a duns number and registering in SAM is free.

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 8.0 inches 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

Location – The three Project Areas are located on the Bradford Ranger District; (3) in McKean County, (1) in Forest County, (1) Warren County.

Description – Densely-stocked, sapling-sized stands that were established in 1995 or shortly thereafter.

REFER TO ATTACHED VICINITY MAPS FOR EXACT LOCATIONS

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

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 felling operations. Marking will be completed with an agreed upon color of flagging. Flagging will be supplied by the Contractor. Each selected crop tree will have flagging attached to it at diameter at breast height (dbh), which is defined as 4.5 feet above the ground. Crop tree density for each Project Area should average 40-50 well distributed trees per acre upon completion of marking, but may range between 20-60 trees per acre in any given portion of a Project Area. The 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. The Forest Service will have three business days to inspect the Contractor’s marking from reception of the Contractor’s notification.

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

Preference

aspen basswood

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 co-dominant crown class. Intermediate oak trees shall be considered if they have good leaf and crown development and are a minor component of the stand. Desirable shade tolerant species, like sugar maple, growing in intermediate positions may also be considered if they have good leaf and crown development.

5) Selected trees shall be reasonably straight, free of stem damage and have a healthy appearing crown. Do not select overtopped trees unless there is a real benefit to releasing the overtopped tree (e.g. oak species).

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

a. Trees that fork within 12-foot of ground level.

b. Trees with evidence of bird pecks, or other defects that reduce grade.

c. Trees with epicormic branches below the main crown.

d. Trees with dead branches in the upper crown.

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

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

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

h. 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 seedling origin candidates 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 Criteria

a. Implement a crown-touching release by felling every tree whose crown is overtopping, touching or within 2.0 foot of the crown of a marked crop tree. The felling of trees that are not in direct competition with a marked crop tree will not be allowed unless they are a hazard to Contractor safety.

b. Sever live trees up to 6.0 inches dbh and up to 8.0 inches dbh for beech, birch, pin cherry or striped maple.

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

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

201 - STUMP HEIGHTS

Maximum stump heights shall be 6.0 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; units that have angular stumps will not be accepted. Trees shall be completely severed from the stump.

202 - BOUNDARY TREES

Boundary trees are not to be felled. Project area boundary trees are designated with pink flagging on the trees.

203 - OTHER MARKED TREES

Trees marked with marking paint, flagging, enclosed in tree shelters, 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.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Biobased & Recycled Content Products

The contractor must comply with Section 9002 of the Farm Security and Rural Investtment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Enviromental, Energy, and Transportation Management”, and the Federal Acquisition Regulations to provide green products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased, recycled content, energy star, and environmentally preferable products.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp.

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm

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): http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

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 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 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): http://farsite.hill.af.mil/

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 July 1, 2016 through November 6, 2016.

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 two weeks prior to the start of work. The conference will be held at the Bradford Ranger District, 29 Forest Service Drive, Bradford, PA 16701 or at an agreed upon location.

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.

INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

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:

· 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.

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.

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

(a) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant or seasonal agricultural worker shall make and keep the following records with respect to each worker including the name, permanent address, and social security number:

(1) The basis on which wages are paid;

(2) The number of piecework units earned, if paid on a piecework basis;

(3) The number of hours worked;

(4) The total pay period earnings;

(5) The specific sums withheld and the purpose of each sum withheld; and

(6) The net pay.

(b) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant or seasonal agricultural worker shall preserve all payroll records with respect to each such worker for a period of three years.

(c) When a farm labor contractor furnishes any migrant or seasonal agricultural worker, and the farm labor contractor is the employer, the farm labor contractor must furnish the agricultural employer, agricultural association or other farm labor contractor to whom the workers are furnished, a copy of all payroll records required under paragraph (a) of this section which the farm labor contractor has made regarding such worker for that place of employment. The person receiving such records shall maintain them for a period of three years.

(d) In addition to making records of this payroll information the farm labor contractor, agricultural employer and agricultural association shall provide each migrant or seasonal agricultural worker employed with an itemized written statement of this information at the time of payment for each pay period which must be no less often than every two weeks (or semimonthly). Such statement shall also include the employer’s name, address and employer identification number assigned by the Internal Revenue Service. The responsibility does not require needless duplication such as would occur if each provided the worker with a written itemized statement for the same work.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7 System for Award Management (JUL 2013)

52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-17 Nondisplacement of Qualified Workers (MAY 2014)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011) 52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-32 Performance-Based Payments(APR 2012)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

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) (MAR 2015)

(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) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vi) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jul 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Mar 2015).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

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

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35,Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf.)

(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies.

(ix) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(x) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(xi) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(xiii) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xiv) 52.232-34, Payment by Electronic Funds…