RFQ_MRD_Crop_Tree_Release.doc

Service RFQ

AG-24H8-S-16-0013

MRD Crop Tree Release

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

K.C. Morrison 814-728-6243

a. NAME OF CONSIGNEE

131 Smokey Lane

Marienville

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

CROP TREE RELEASE

MARIENVILLE RANGER DISTRICT

Enter pricing on schedule of items in section B, page 2-3

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

SCHEDULE OF ITEMS: AREA WIDE TREE RELEASE FY 2016

MARIENVILLE RANGER DISTRICT

Description Estimated Quantity Unit

Unit Price

Total Amount

Quoter's Notes:

a. Award under this solicitation shall be to obtain the best value for the Government and, accordingly, shall consider both price and other factors (EG. 1) Past Performance, which includes quality, timeliness, cost control, business practices, customer (end user) satisfaction, and 2) experience. Quoter is required to complete information sheet in Section “M” of Solicitation Copy.

b. There is no “Show-me” trip scheduled for this project, prospective quoters are “strongly encouraged” to view the sites themselves to make their own estimate on the amount of work needed. Additional technical information or assistance with locating the specific project areas may be obtained by contacting Terry Witzel at the Marienville Ranger District office, Marienville, PA. Office hours 7:30-4:00 Monday – Friday. 814-972-5783.

c. All employees working on this contract shall have the ability to identify trees and shrubs common to this area of Pennsylvania.

d. This is a Performance Based service Contract. Please note incentive and disincentive under Inspection Methods in Section E.

e. Contractors 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.

(Vendor Name) (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:

Award may be made to more than one contractor. You must submit pricing for all items.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

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.

The Contractor is responsible for furnishing all supervision, labor, equipment, transportation, tools, materials, and incidentals necessary to complete the work (except as noted in Section 130 Government Furnished Property).

120 - Location and Description

Location - These areas are located within the Marienville Ranger District. Vicinity Maps and Individual Project Maps are included for locating specific site locations. Contract sites will have a pink tag posted indicating tree release.

Area 1. This work area is located on FR 469A. FR 469 comes off of FR 133E which comes off FR 133 and goes towards the Tionesta Scenic Area. There is a blue gate at FR 469. Go through this gate for about .4 miles to FR 469A on the right. Go about .3 miles and the area is on the left. This stand was timbered in 2012.

Area 2. This work area is located off of FR 458. FR 458 comes off of Seven Mile Road east of the Kane Experimental Forest office area. This is a disabled hunter road. Travel past the gate and just south of the pipeline right of way there is a skid road on the left. Follow the skid road to the area (about 700’). The stand was timbered in 2013.

Area 3. This area is located off of FR 185F. Take SR 948 to FR 185 then north on FR 185 for about 2.5 miles to FR 185F on the right. Follow FR 185F for about .3 miles the area is on the left. This stand was timbered in 2011. Birch is the major interferer of mainly red maple.

Area 4. Located on either side of FR 337B. If you come down FR 337 from the north from Pigs Ear Road, FR 337B is about 1.2 miles on the left. Coming from the south from Sackett Road it is about .3 miles on the right. These had the timber harvested in 2011.

Area 5. This area can be found near the end of FR 214. It is in a fence. The area to be released is on the west side of the fence. This area was timbered in 2006. The stand mostly came back in to birch.

Area 6. The area is in a fence. This area can be accessed from FR 631 and oil and gas roads. Follow FR 631 from the junction of FR165 for about 1.3 miles to an oil and gas road on the right. Take the oil and gas road north about .4 miles to the gate for the fence. The south timber stand was cut in 2006 the north stand was not cut. The stand mostly came back in to birch.

Area 7. From the junction of FR 165 and FR 631 follow FR 165 for about .9 miles to an oil and gas road on the left. Take this road up the hill for about .15 miles, the area is on the left. Another oil and gas road goes through the unit on the south side. The stand was timbered in 2013. The stand mostly came back in to birch and beech with red maple and tulip popular scattered among it.

Area 8. Found on Greely Farm Road. Leaving the Village of Marienville by North Forest Street to West Birch Street pass the school, follow Greely Farm Road north for about 4.6 miles from the school. The area is on the right. Birch and beech overtop mostly red maple and black cherry throughout the stand. The stand was cut in 2010.

Area 9. Found on FR 582 just pass the gas line right of way. The area is fenced and the gate is near the gas line junction with FR 582. Coming in from the south, take SR 3002 to FR 228 on the left. Follow FR 228 north for about 1.2 miles to FR 582 on the left. Follow this back to the gate and pipeline. The fence is on the northwest side of the pipeline and north side of FR 582. The fence has 3 patch clear cuts in it totaling about 9 acres. The rest of the stand had a lighter cut. The whole fence will be done. The area was cut in 2010.

Area 10. Coming off of Owls Nest Road south of Sackett take FR 343 for about 2 miles to FR 442 on the right. Go through the gate and follow FR 442 for about .9 miles to the junction of FR 442B. The area is north of FR 442 and accessed by and old pipeline and road (not drivable) about 750 feet in. The stand was cut in 2007.

121 - Accessibility - Forest Service System Roads are marked with a sign post or some other sign marking next to the road. If the road is not marked with a sign posting, it is probably an oil and gas road and not in the best condition for driving on. Some areas may be behind a gated road and the Contractor will coordinate with the COR for gaining access behind locked gates. The use of any vehicles will be subject to conditions of the Motor Vehicle Use Map (MVUM) July 29, 2011. The MVUM shows which roads, trails and areas of the National Forest that are designated for motor vehicle use pursuant to 36 CFR 212.51. Use outside of the MVUM designations is not permitted unless written permission is granted by the COR.

130 - Government Furnished Property

The Government will provide the following Government property at the time of the pre-work conference, unless otherwise stated:

131 - Vicinity Maps (see attachment)

132 – Project Maps (see attachment)

140 - Pre-work Conference

Prior to the start of work, and as soon as possible after the award of the contract, the Contracting Officer or the Contracting Officer's Representative (COR) will contact the Contractor and mutually agree on a pre-work conference date and location to discuss the contract terms, and work performance requirements.

At this conference, the contractor will be required to submit a plan of work outlining the date work will begin. The plan should also include where and what order the work will progress.

141 – Progression of Work

Contractor will have no more than 2 areas with work in progress at one time unless otherwise agreed to by the COR.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - Crop Tree Area Release

211 - Crop Tree Species to be released.

1. red maple,

2. black cherry,

3. white ash,

4. cucumber tree,

5. yellow/tulip poplar,

6. hemlock,

7. red, white and other oaks

See the table below for the required height the crop tree needs to be in order for it to be released. If the crop tree is not tall enough as indicated in the table below it does not have to be released.

The minimum height of the crop trees to be released

Stand Min Height Acres

212 – Species Requiring Treatment

The following species specified shall be cut and are considered competing vegetation - undesirable species:

1 - Striped Maple - All live striped maple which is taller than one foot in height shall be felled and completely severed from the stump, in All AREAS.

2 - Pin (Fire) Cherry - All live pin cherry which is taller than one foot in height shall be felled and completely severed from the stump, in All AREAS.

3 - Birch - All live birch taller than one feet in height and less than 6.0 in diameter at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump, in ALL AREAS where the birch overtops or is within 4’ of a crop tree species (listed in section 211 or 212). In areas where there are no crop trees to release, birch does not need to be cut.

Exception: Area 6 – north half, all birch will be cut.

4 - Beech - All live beech taller than one foot in height and less than 6.0” in diameter at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump, in ALL AREAS.

5 – Buckthorn shrub. All live buckthorn shrub will be cut regardless of size.

Special Notes:

1. The contractor shall avoid injuring of crop trees in any way during the release work. A maximum of 10% of the crop trees may be cut when intertwined and among pin cherry, striped maple, birch, beech and non-commercial species at area 3.

2. No live trees greater than 6 inches in diameter at breast height (dbh) and no snags of any size shall be felled (unless such snags present a safety hazard, in that case check with COR to see if they should be cut or work should be move to another location).

3. No trees with fence attached to them will be cut.

212 - Minority Species and Reserve Trees

Minority Species: Minimum height is the same as described above. These trees may be selected as crop trees also if species in the above list cannot be found.

1) Butternut,

2) American chestnut,

3) black walnut,

4) red pine,

5) eastern white pine,

6) hemlock

213 - “Wild” fruit trees and wildlife shrubs shall not be cut, as listed below.

1) serviceberry,

2) witch hazel,

3) ironwood,

4) deciduous holly,

5) mountain laurel

214 - Reserve Trees

Reserve trees, usually pole-sized or larger, retained under the regeneration cut shall not be cut. These trees are sometimes designated with a green or white painted band at diameter at breast height.

220 – Boundaries

Area boundaries are marked by existing painted two or three stripe. In some cases if the paint is no longer visible, “orange” ribbon/flagging marks the boundary.

230 - Stump Heights

Maximum cutting height is six inches, unless otherwise stated to the Contractor in writing by the Contracting Officer's Representative (COR) due to unusual circumstances. Stump sprouts (multiple stems) will be cut as close to the ground as possible. Angular stump cuts will not be allowed.

240 - Slash Disposal

Slash created by the Contractor's operations shall be removed 15 feet away from the following features:

No slash shall be left hanging in trees and slash will be laid horizontal to the ground to within three feet of the ground. All crop trees and minority trees chosen for release will be released from all slash so they are standing straight up on their own.

The Contractor is responsible for any damage to fences, oil/gas developments, pipelines, powerlines, and other improvements caused by his/her operations.

250 – Notification

Contractor shall notify the Contracting Officer's Representative prior to starting work on any items. The Contractor shall also notify the Contracting Officer Representative at least biweekly of the progress being attained on this project. This notification can be either oral or written.

260 – Payment

Payment(s), which require Forest Service inspection and acceptance, may be made on completed areas only, in accordance with the Prompt Payment Act (FAR 52.232-25). Payment will be processed upon receipt of properly completed invoice entered into the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. Vendor is encouraged to notify Contracting Officer's Representative immediately upon completion of a specific Item(s).

270 – 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. Work on other areas of the contract that the contractor does not view as unsafe should continue.

The Contractor is required to follow all applicable OSHA standards while working on the job site. In addition, it is recommended that the successful contractor utilize appropriate personal protective safety equipment/clothing, which may include, but is not limited to, a hardhat, leg protection, ear protection, eye protection and hand protection, while working in the project area. Contractor is required to keep COR/District posted to current work site.

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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.

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 requirement of this contract.

QUALITY ASSURANCE – PERFORMANCE BASED INCENTIVES AND DISINCENTIVES

Performance Work Statement – Contractor The Contractor shall perform release work in accordance with the specifications contained in this contract.

Quality Assurance - Performance Based Program Performance based program apply to the Government’s inspections for contract compliance. All work must meet the acceptance standards as listed below. Contract extensions are not eligible for performance based program unless covered under the Excusable Delays Clause listed in Section I of the contract clauses.

The Government will conduct compliance inspections on a minimum of 10% of the acres that Contractor has reported as completed to specifications. Plots to check compliance will be randomly placed in the areas to be inspected by the Government inspector.

These performance-based surveys apply only to initial inspections; areas that have previously been rejected and corrected do not fall into this population.

Disincentive If a Contractor has to be sent back to an Area (that the Contractor has asked for final and second final inspection) to fix work that was not done to the contract specifications a third time, there will be a 3% deduction from the payment for that Area. With each following return to the Area to fix the work will add-on an extra 2% deduction to the final payment of that Area.

If the Contractor does not meet the time outline in Section F, there will be a deduction of 5% from the unfinished acres payment. An additional 2% deduction will occur for each additional week that the required work is not completed.

If less than 80% of the plots inspected comply with contract requirements for number of desirables cut; the contract price for the area will be decreased by a 10% deduction.

The uses of negative incentives do not waive any other rights of the Government, in dealing with inadequate performance.

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) It is estimated that the work on this project will start at the earliest Wednesday, July 6, 2016. The contractor shall be required to following:

a) Contractor will set up a pre-work date within 7 days of the start of the contract,

b) Contractor will have to complete 40% of the contract acres by end of August, and

c) the Contractor shall be required to prosecute the work diligently and complete the entire contract no later than September 30, 2016.

SECTION G--CONTRACT ADMINISTRATION DATA

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 Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted. Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

Gauze pads (at least 4x4 inches)

Two large gauze pads (at least 8x10 inches)

Box adhesive bandages (band-aids)

One package of gauze roller bandage at least 2- inches wide

Two triangular bandages

Scissors

At least one blanket

Tweezers

Adhesive tape

Latex gloves

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

Any washing of laundry shall 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)

52.232-17 Interest (MAY 2014)

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)

52.245-1 Property Records - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012)

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…