AG-4146-S-15-0007.pdf

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

15-0007

Continuation of SF1449

Block 18: All invoices novices are to be submitted through www.ipp.gov

Block 19, 20, 21, 22, 23, and 24

Block 27: The full text of a clause or provision may be accessed electronically at www.aquisition.gov or http://farsite.hill.af.mil/

SCHEDULE OF ITEMS

The Contractor shall furnish labor, supervision, equipment, transportation, operating supplies, and incidentals to perform all operations necessary to accomplish the below listed projects for the National Forests in Alabama in accordance with the Solicitation Provisions, Contract Clauses, Technical Specifications, Exhibits, and attachments :

Item

Number

Description QTY Unit Unit Cost Item Cost

001A

001B

Bankhead Ranger District—

Timber Stand Improveement for FY

REFER TO ATTACHMENT 5

TSI

Mid Story Removal

ACRES

ACRES

TOTAL 001

(Items 001A

& 001B)

002 Talladega/Shoal Creek Ranger

District REFER TO

ATTACHMENT 6

Separate Task orders will be issued for each line item.

1091 ACRES $________ $________

The minimum and maximum in AGAR 452.216-73 are included as part of the Schedule.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,000 but not in excess of $995,000 over the lifetime of this contract. The guaranteed minimum applies to each contract awarded as result of this solicitation.

NOTE: Should an IDIQ Contractor be unable to competitively secure a task order to meet the minimum guarantee, the Government reserves the right to negotiate a task order to meet the guarantee.

DUNS# ___________________________

Multiple Awards: The Government intends to make multiple awards as a result of this solicitation. Successful offerors will not necessarily be awarded a task order for an initial project at the time of IDIQ contract award. Task orders may be awarded to other than the low offer if it is in the best interest of the Government to fulfill the minimum guaranteed amount.

NOTICE: Following completion of the first option year, the Government reserves the right to solicit for a limited number of additional contractors to be included in this multiple-award contract. The solicitation, terms http://www.ipp.gov/ http://www.aquisition.gov/

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-and conditions, and source selection procedures will be the same as under this original solicitation. The period of performance for the new awardees will not exceed the overall maximum term of the original IDIQ contract, including options.

INSTRUCTIONS TO OFFERORS:

Return the following as your offer:

SF1449 completed and signed (Page 1).

Pricing (Page 3).

Representations (pages 23-35—pages 34 & 35 not included in sam)

Experience Questionnaire (Attachment 3) or past performance info (Refer to amended 52.212-1, page 17*)

Past Performance Questionnaires (Attachment 4) *

DOL MSPA Certification Information *

State Pesticide License Information *

Acknowledge any amendments issued.

Registered in CCR and ORCA completed.

NO BONDING IS REQUIRED

Write or type on outside of envelope in which the offer is submitted:

ATTENTION: Margie Yeaton AG-4146-S-15-0007 so that mailroom personnel will recognize document as an offer for this solicitation.

Proposals may be faxed to (334) 241-8177. PPQs may be forwarded via email, but E-MAIL PROPOSALS ARE NOT

PERMITTED.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (DEC 2014)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

(MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and

10 U.S.C. 2402).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

X (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public

Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X _ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X _ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X _ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X _ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

X _ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X 33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

X _ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X _ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

X _ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Forest Technician GS-9 Step 2

Forest Technician GS-5, Step 2

*Fringe Benefits: Life, Accident and Health insurance and Sick Leave Program-5.1 percent of basic hourly rate. Paid Holidays- 10 days per year. Vacation- 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 days after 15 years of service. Retirement- 7 percent of basic hourly rate

X _ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option

Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-

2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph

(1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--

Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.204-18 Commercial and Government Entity Code Maintenance. (Nov 2014)

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from June 1, 2015, or date of contract award whichever is later through May 31, 2016. Option I – May 31, 2017, Option II— May 31, 2018, Option III— May 31, 2019, Option IV— May 31, Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

2020.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order on this contract, the contract shall prevail.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the contract.

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000;

(2) Any order for a combination of items in excess of $200,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the contract. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the

Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the

Contractor shall not be required to make any deliveries under this contract after make any deliveries under this contract after work is completed on orders issued within the effective period of this contract..

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting

Officer may exercise the option by written notice to the Contractor within 15 days

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within (prior to contract expiration).

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.232-18 Availability of Funds (Apr 1984)

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

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

AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from June 1, 2015, or date of award, whichever is later, through May 31, 2016,(Base period) with 4 options periods. (Option I – May 31, 2017, Option II— May 31, 2018, Option III— May 31, 2019, Option IV— May 31, 2020.

The performance period for any task orders will be indicated in the task order.

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award.

The conference will be held at National Forests in Alabama (NFs in AL), Supervisor’s Office, 2946 Chestnut Street, Montgomery AL

36107. If necessary, the meeting may be held via teleconference. If all parties agree, the meeting may be held at one of the NFs in

AL Ranger Districts. (NOTE: No work can be started on site until after a post award (pre-work) conference is held, specific to the task order/contract.

AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants Alternate 1

(Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any

Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of

Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

4G52.222-701 - Employment of Eligible Workers (DECEMBER 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), now the United States Citizen and Immigration Services, established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (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;

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

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 3 years, or 1 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 United States Citizen and Immigration Services office.

4G52.222-702 - Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DECEMBER 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 (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 ensure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal worker for predominantly manual forestry work, including but not limited to tree planting, brush cleaning, precommercial tree thinning, and forest firefighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker," as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only:

1. Spouse;

2. Children, stepchildren, or foster children;

3. Parents, stepparents, or foster parents; and

4. Brothers and sisters.

"Farm Labor Contractor," as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal Department of Labor Certificate of Registration. 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 perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor

Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

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

(2) Wage and Payroll Standards.

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

(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 shall keep the following payroll records for each employee: name, address, social security number, basis for wages

(that is, 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 must be retained for 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph ii and 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 shall 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 applicable. Any driver who transports workers for a fee or at the direction of the contractor shall be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor must 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 on any trip for a distance greater than 75 miles by a farm labor contractor or agricultural employer to transport any migrant or seasonal agricultural worker must comply with Department of

Transportation Regulations at 29 CFR 500.105. One trip may have numerous stops. All drivers shall have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker must 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 or, if permitted by the Forest Service, in a camp on National Forest Lands as in 4G52.222-705. 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

4G52.222-703 - Migrant and Seasonal Agricultural Worker Protection Act Registration (DECEMBER 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 ___ days (30 days unless a shorter time is specified) after notification of award of the contract. The MSPA Registration Number is the number on the Farm Labor Contractor’s DOL-issued

Certificate.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-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 must 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 must 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 must cover the full length of the thigh and must 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)

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 must 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 must 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 must 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.

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

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

Sanitary facilities must be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, must be provided and sufficient for the storage of perishable food items.

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

Toilet facilities adequate for the capacity of the camp must be provided and supplied with adequate toilet paper. Such facilities must be serviced and maintained in a sanitary condition.

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

1. Gauze pads (at least 4x4 inches),

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

3. Box adhesive bandages (band-aids),

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

5. Two triangular bandages,

6. Scissors,

7. At least one blanket,

8. Tweezers,

9. Adhesive tape,

10. Latex gloves, and

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

Any washing of laundry 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 must 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.

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

All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph.

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.

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

ATTACHMENT 1 Scope of Work 11 pages

ATTACHMENT 2 Department of Labor Service Wage, Determination 3 Pages

Determination No. 2002-0147, Rev 24, Dated 2/23/2015***

ATTACHMENT 3 Experience Questionnaire** 3 Pages

ATTACHMENT 4 Past Performance Questionnaire** 2 Pages

ATTACHMENT 5 FY 2015 TSI Bankhead Ranger Distirct (Separate Task oder to be awarded)

5A – Task Order Information, 1 page

5B - Specifications, 13 pages

5C – Maps, 4 pages

ATTACHMENT 6 FY 2015 Talladega National Forest Distirct (Separate Task oder to be awarded)

6A – Task Order Information, 5 pages

6B -- Specifications, 11 pages

6 C – Maps, FY 2015 Chemical Site Prep, 53 pages

**Not included in resultant contract

*** The service contract wage rates will be included with the resultant task order.

EXIHIBIT A--CONTRACT ADMINISTRATION DATA

A-1 CONTRACTING OFFICER

a. The Contracting Officer (CO) responsible for award and administration of this contract:

Margie Yeaton

National Forests in Alabama

3926 Chestnut Street

Montgomery, AL 36107

(334) 241-8169

FAX 334-241-8177

myeaton@fs.fed.us

b. Any warranted Contracting Officer assigned to the Southern Administrative Zone is authorized to place orders against this contract subject to their respective warrant limitations.

c. A Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes, and approves payment request, reviews, makes final decisions on contractual discrepancies, and administers the contract. The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the Contractor’s version. The Contracting Officer is the only authorized individual to make changes to the contract.

A-2 CONTRACTING OFFICER’S REPRESENTATIVE(S) – LIAISON

a. Contracting Officer’s Representative(s) (COR) and/or inspector will be designated in writing at the time of contract award. A copy of the designation will be furnished to the Contractor.

mailto:myeaton@fs.fed.us

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

b. The COR will act as liaison between the USDA Forest Service herein referred to as “FS” and the Contractor(s), and, when necessary, will provide technical direction to the Contractor(s). The Contracting Officer’s Representative (COR) and is responsible for monitoring, assessing, recording, and reporting on the technical performance of the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the

Contractor(s) of his/her/their responsibilities under the contract.

c. The Contracting Officer for this contract should be informed as soon as possible of any actions or inactions by the Contractor or the

Government which could change any of the terms, conditions, or completion time stated in the contract. On all matters pertaining to contract terms, the Contractor must communicate with the Contracting Officer.

d. Whenever, in the opinion of the Contractor, the COR requests efforts outside the scope of the Contract, the Contractor should advise the Contracting Officer immediately.

A-3 CONTRACTOR’S RESPRESENTATIVE.

Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative. The Contractor shall have a competent superintendent (hereinafter referred to as the

“Contractor’s Superintendent”) who is: (i) deemed acceptable to the Government, (ii) authorized to act on the Contractor’s behalf;

and (iii) present on the job site at all times when contract work is being performed.

A-4 JOB SITE ADMINISTRATION

The Government will designate a COR and/or Contract Inspector (CI) who will be available at the site to inspect the work as it progresses. The COR or CI will prepare an Inspector’s Daily Log/Diary, beginning with the first day of the contract, detailing items including but not limited to: ground and weather conditions and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor(s) of the responsibility of providing adequate quality control measures.

A-5 PROCUREMENT PROCEDURES

The resulting contracts will be Indefinite Delivery / Indefinite Quantity (IDIQ). This solicitation will result in at least two contract(s) or perhaps more. Firm-fixed price task orders will be issued against the IDIQ contract. Each contract shall consist of a base period which commences at time of award through the time period indicated in the contract and four additional option periods of 12 months.

It is anticipated that most task orders will be issued with magnitudes in the range of $2,500 to $100,000. All Task Orders over $2,500 will be competed among the Contracts awarded, unless a task order needs to be awarded to meet the minimum guaranteed amount.

Task orders awarded under this contract will be Firm-Fixed Price (FFP) Task orders. Task orders may include cost reimbursable items. The Government will not reimburse task order preparation costs, unless specifically authorized in the task order announcement.

Performance periods for each task order shall be specified in the task order after consultation with the contractor.

The Contracting Officer will submit a request for pricing along with the project specifics (i.e. specifications, service contract wage rates, maps, and other documents as applicable) to the contractors for a task order. Usually the contractors will be given 10-14 days to prepare their offers. Contractors might need to participate in pre-proposal site visits, participate in review or clarification discussions concerning project drawings and specifications, and submit price proposals. Failure to participate, when requested to propose on a task order, may result in the Government determining not to award an additional option period. Participation in the pre-proposal conference or site visits for future Task orders will be the responsibility of the offeror and is not directly reimbursable by the

Government, unless otherwise authorized in advance of the conference.

A-6 TASK ORDERS

Task orders will be issued on the appropriate agency forms and are valid if signed by the Contracting Officer or other SAZ Contract

Specialist. Each task order will specify services to be provided (order of those services that are to be provided) and contract time for performance in accordance with the terms of this contract/task order.

Oral or telecommunicated orders will be allowed under this contract for emergency requirements. Such orders will be confirmed by a written task order within 5 business days following placement of the verbal order. Only the Contracting Officer is authorized to place orders under this contract.

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

A-7 TASK ORDER COMPETITION

Following contract award, task orders will be competed among awarded contractors. Task order quotations received from contractors will be evaluated based upon the criteria indicated in the request for pricing forwarded to the contractor(s). The basis for award might be price, past performance, delivery/performance, or other best value criteria as specified.

Each awardee will be given a fair opportunity to be considered for a task order exceeding $2,500 unless one of the following exceptions applies:

The need for the service is so urgent that providing a fair opportunity would result in an unacceptable delay.

The order must be issued on a sole-source basis in the interest of the economy and efficiency; because it is a logical follow-on to an order already under the contract. This works provided all awarded were given a fair opportunity to be considered for the original order.

It is necessary for the Government to place an order to satisfy a minimum guarantee.

IDIQ contractors are expected to provide good faith offers in response to requests for pricing for task orders issued over the life of the contract. If a contractor is unable to respond due to conflicting commitments or lack of capacity, the ordering official may excuse the contractor from a competition, upon written request. However, repeated failures to provide a good faith proposal will result in the contract not being renewed and will release the government from the minimum guarantee obligation.

A-8 PROGRESS MEETINGS

a. The Contractor(s) shall be available to meet with the CO, COR and/or Inspector at the job site during contract performance to discuss work progress. Meetings will be scheduled by the CO with timely notification to the Contractor(s).

b. At the progress meetings, the Contractor(s) shall provide oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor(s) shall be prepared to: (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; and, (iii) to propose a revised work schedule

A-9 TECHNICAL DIRECTION

The performance of work required herein shall be subject to the technical direction and surveillance of the COR. As used herein, “technical direction” is direction to the Contractor(s), which requires pursuit of certain lines of inquiry, filling in details, or otherwise serving to accomplish the Contract or Task order specifications. In order for the technical direction to be valid:

a) Must be issued in writing, consistent with the general scope of the work set forth in the Contract;

b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this Contract or any Task orders issued by the CO or ACOs;

c) Shall not constitute a basis for extension of the contract / task order delivery schedule(s).

Nothing contained in this part authorizes the Contractor(s) to incur costs in excess of the contract price or other limitations of funds set forth in the Contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor(s): 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO or an authorized contracting officer.

A-10 GOVERNMENT-FURNISHED PROPERTY

The Government will specify item(s) of Government property for the Contractor’s use in the performance of this contract on the individual task orders. This property shall be used and maintained by the Contractor in accordance with the provisions of the

"Government Property" FAR clause contained elsewhere in the contract.

Also, as indicated in the performance work statement and as cited in task order.

A-11 SUSPENSION OF WORK

Silvicultural/Vegetation Management Service IDIQ—NFsAL AG-4146-S-

Sometimes due to safety, security and other reasons, the Contracting Officer may order the Contractor to suspend or delay work. FAR

Clause 52.242-14 terms and conditions will apply if a work suspension/delay is ordered by the Contracting Officer.

A-12 HOURS OF OPERATION.

Normal operating hours are 0700am to 1700pm, Monday through Friday. The Contractor shall perform services required under this contract during normal operating hours, excluding the following recognized Federal Holidays

New Year’s Day, January 1

Martin Luther King, Jr.’s Birthday, 3 rd

Monday in January

Presidents Day, 3 rd

Monday in February

Memorial Day, last Monday in May

Independence Day, July 4

Labor Day, 1 st Monday in September

Columbus Day, 2 nd

Monday in October

Veterans Day, November 11

Thanksgiving Day, 4 th

Thursday in November

Christmas Day, December 25

If work outside the normal operating hours is necessary, approval from the COR is required with at least 48 hours’ notice. Normally no work will be permitted during hours of darkness.

A-13Current Policy and Standard Practices -- Workers and Working…