Commercial Items.pdf

Solicitation No: AG-4419-S-10-0006 Non-Native Invasive Species Treatment

Cumberland Ranger District Daniel Boone National Forest

SCHEDULE OF ITEMS

Item No.

Description Acres Unit Price Amount

01 NNIPS Control Chemical

725 $ $

02 NNIPS Control Manual Removal

250 $ $

Total Quote $

London Ranger District Daniel Boone National Forest

STATEMENT OF WORK

1.1 SCOPE OF WORK: This statement of work consists of spot treating or manual removal of non-native invasive plants. Treatment will occur twice to each area. The first treatment will be early in the spring. The second treatment will be a follow-up at the end of the growing season. The contractor shall provide any and all labor, equipment, supplies, services, permits, licensing, supervision, workman’s compensation, unemployment insurance, and transportation to accomplish treatment. Equipment being used for the requirements under this contract shall be cleaned prior to entering the Forest and cleaning may be required between sites. This statement of work consists of completing tasks in accordance with Section V, and the performance requirements summary in Section VII.

AERIAL APPLICATION OF HERBICIDE IS NOT ALLOWED UNDER THIS CONTRACT

1.1.1 PERIOD OF PERFORMANCE: Period of Performance between May 1, 2010 to October 31, 2010 and May 1, 2011 to October 31, 2011.

1.1.2 LOCATION DESCRIPTION: All treatment areas included under this contract are located on the Cumberland Ranger District, Daniel Boone National Forest.

1.1.3 ACCESSABILITY: Vicinity maps identifying the general area are attached to this contract. Specific site maps identifying units and road access shall be available upon request and will be provided to the contractor prior to the beginning of work in specific areas. There are no travel restrictions within the treatment areas.

1.1.4 BOUNDARIES: Each project shall be identified separately. Boundaries are generally identified as roads, topographic features (ridge tops, drainages), private lands, fences, etc. Treatment boundaries will be marked by the Forest Service with ribbon at the request of the contractor.

1.1.5 CONTRACTOR REPRESENTATIVE: The contractor shall provide a contract representative for the performance of work. The name of this person and an alternate(s) who act for the contractor when the contractor is absent shall be designated in writing to the Contracting Officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract, and must be able to read, write, speak, and understand English.

1.1.6 QUALIFICATIONS: The contractor and employees shall be experienced in noxious weed and invasive weed management, plant identification, and herbicide application. Regardless of area, the contractor and employees shall be proficient in identifying target and non-target species in all stages of development. Contractor shall comply with all state laws, certifications and applicator requirements prior to treating noxious weeds.

The contractor or contractors shall possess a basic knowledge of regional sensitive plant species and the Forest’s species of local concern. Upon request, the Forest Service shall be available to provide training and assistance required for sensitive plant identification prior to each field season.

1.1.7 SAFETY AND CONTAMINATION: The contractor and the Forest Service will follow all manufacture label directions in dealing with application rates, personal safety, and contamination. Contractor is required to wear all label required personal protective equipment and listed in Forest Service Handbook 6709.11 and site-specific job hazard analyses. Preparing tank mixes, cleaning equipment, disposing of herbicide containers shall occur at the Fern Bluff Work Center.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL): The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 CONTRACTING OFFICER REPRESENTATIVE (COR): A Government person appointed by the Contracting Officer to help the Contracting Officer with contract administration and surveillance.

2.1.3 DEFECTIVE SERVICE: A unit of service, which contains one or more defects, or nonconformance with specified requirements.

2.1.4 GOVERNMENT INSPECTOR: A Government person responsible for surveillance of contractor performance.

2.1.5 PERFORMANCE REQUIREMENTS SUMMARY (PRS): Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards, are met by the contractor.

2.1.6 QUALITY ASSURANCE: Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.8 QUALITY CONTROL: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

2.1.9 RANDOM SAMPLING: A sampling method in which each service output in a unit has an equal chance of being selected.

2.1.10 SPRAY SHEET: Sheets that the contractor uses to document location and type of herbicide used on a particular area. Spray sheets are required to be submitted to the COR/Inspector upon completion of a task order. Spray sheets are included with this contract and is listed as an exhibit.

2.2 TECHNICAL DEFINITIONS

2.2.1 ACCESS TO TREATMENT AREAS: Access to treatment areas may require travel on backcountry roads, graveled County and Forest Service roads, non-graveled two track roads, areas with restricted travel and areas with no mechanical travel allowed. The treatment areas as can be along or away from roads. Supplemental Specifications will identify the area (s) to be treated.

2.2.2 AQUATIC AREA: Any type of lake, pond, dam, spring, or stream course that contains an invasive plant species.

2.2.3 BOOM SPRAYER: Spray equipment capable of delivering a minimum of 20 gallons per acre. A minimum of 20 gallons of carrier per acre is required. Boom sprayers shall be equipped with an identifier system to minimize swath overlap such as a ribbon or flagging system. ATV boom-less nozzles are not considered or accepted as boom sprayers.

2.2.4 BOOM SPRAYING: Broadcast application of herbicide with larger equipment in amounts ranging from 20 – 25 gallons of water/herbicide mixture per acre.

2.2.5 CLEANUP AND DISPOSAL: Clean up and disposal of excess herbicide and empty containers is the contractor’s responsibility and will be in accordance with the manufacturer’s instructions and applicable to Federal and State Laws.

2.2.6 FLAGGING STANDARDS: The Contractor shall mark the perimeters of treatment where herbicide treatment has occurred. Flagging will remain in place until the COR/inspector has completed field survey.

2.2.7 HERBICIDE: Only triclopyr and glyphosate herbicides may be used in this contract.

2.2.8 MIXING SITE: All mixing and rinsing during the daily operational period will take place at the Fern Bluff Work Center in the presence of the COR or an inspector. Other mixing sites may me approved on a case-by-case basis by the COR.

2.2.9 SPRAY EQUIPMENT: All spray equipment shall be accurately calibrated to ensure herbicide is applied as manufacturers recommended application rates.

2.2.10 VEHICLE CLEANING: All spray equipment will be inspected by COR or Inspector and must be washed and cleaned prior to beginning initial project. Any time the equipment is removed and used on lands not included under this contract the COR or Inspector shall be notified and equipment shall be cleaned prior to commencing work under the contract. In order to minimize the potential for weed spreading, spray trucks and equipment will be pressure washed before moving from one type of infestation to another, unless combinations of infestations already exist.

2.2.11 WEATHER CONDITIONS: Herbicide shall not be applied if temperatures exceed 95 degrees, humidity is less than 30 %, and/or the wind speed exceeds 10 mph.

2.2.12 WEED LISTS:

Priority 1 Highly invasive - Plants in this list are to be treated when found in habitats in which they are likely to spread. An exception to this is when Microstegium is found. To the extent practicable, this species is to be controlled to prevent spread, but eradication in many areas is impractical.

Priority 2 Moderately invasive and or localized infestations - Plants in this list will be treated as part of any Priority 1 treatment project when they are in the same treatment area. Independent projects to treat these species in other areas are subject to funding constraints.

Priority 3 Weakly invasive and or in limited habitat - Plants in this list will be treated as part of any Priority 1 or Priority 2 treatment project when they are in the same treatment area. Independent projects to treat these species in other areas are subject to funding constraints.

Watch List - Plants in this list are variously invasive, and are found near, but not currently on, the Forest. If any of these are found on the Forest, they will be treated as Priority 1 species with the goal of preventing establishment on the Forest. This list in particular is expected to change frequently based on new introductions to the state.

Invasive Natives - Plants in this list are native species that under some conditions become invasive. Species in this list would be treated only if negatively affecting federally proposed threatened or endangered species, federally listed threatened or endangered species, Region 8 Regional Forester’s sensitive species or associated habitat, or species with 25 or fewer populations known on the DBNF or their habitat.

Common Name Species Priority

(DBNF)

NRCS Symbol

Nepal Browntop, Stiltgrass Microstegium vimineum 1 MIVI Oriental or Asiatic Bittersweet Celastris orbiculatus 1 CEOR Chinese Silver Plume Miscanthus sinensis 1 MISI Chinese Yam, Cinnamon Vine Dioscorea oppositifolia 1 DIOP Japanese Knotweed Polygonum (Fallopia) cuspidatum 1 POCU6 Tree-of-Heaven Ailanthus altissima 1 AIAL Bush Honeysuckle, Amur Honeysuckle and related species

Lonicera ssp., L. maackii 1 LOAM

Privet Ligustrum sinense, L. vulgare 1 LISI, LIVI Purple Loosestrife Lythrum salicaria 1 LYSA Flowering Pear, Callery Pear Pyrus calleryana 1 PYCA80 Hairy Jointgrass Arthraxon hispidus 1 ARHI3 Common Reed Phragmites australis 1 PHAU7 Poison Hemlock Conium maculatum 2 COMA2 Japanese Clover Kummerowia striata 2 KUST2 Korean Clover Kummerowia stipulacea 2 KUST Spotted Ladysthumb Polygonum persicaria 2 POPE3 Bitter Dock Rumex obtusifolius 2 RUOB Curly Dock Rumex crispus 2 RUCR Common Chickweed Stellaria media 2 STME2 Silktree, Mimosa Albizia julibrissin 2 ALJU Kudzu Pueraria montana var. lobata 2 PUMOL Autumn Olive and related species Elaeagnus umbellata, Elaeagnus spp.

2 ELUM, ELAEG

Paulownia, Princesstree Paulownia tomentosa 2 PATO2 Japanese Honeysuckle Lonicera japonica 2 LOJA Winter Creeper Euonymous fortunei 1 EUFO5 Sericea Lespedeza Lespedeza cuneata 2 LECU2 Shrub Lespedeza, Bicolor Lespedeza Lespedeza spp., L. bicolor 2 LEBI Asiatic Smartweed, Oriental Ladysthumb Polygonum cespitosum var.

longisetum

2 POCEL

Sweet Clovers, White and Yellow Melilotus officinale 2 MEOF Multiflora Rose Rosa multiflora 2 ROMU Crown Vetch Securigera varia 2 SEVA4 Coltsfoot Tussilago farfara 2 TUFA Spotted Knapweed Centaurea stoebe ssp. micrantha 1 CESTM Musk Thistle, Nodding Thistle Carduus nutans 2 CANU4 Canada Thistle Cirsium arvense 2 CIAR4

Common Name Species Priority

(DBNF)

NRCS Symbol

Miniature Beefsteak Plant Mosla dianthera 2 MODI4 Garlic Mustard Alliaria petiolata 2 ALPE4 Beefsteak Plant, Perilla Perilla frutescens 2 PEFR4 Bird Vetch, Cow Vetch Viccia cracca 2 VICR Reed Canarygrass Phalaris arundinacea 2 PHAR3 Winged Euonymus, Burning Bush Euonymus alatus 2 EUAL13 Gill-Over-the-Ground, Ground-Ivy Glechoma hederacea 2 GLHE2 White Poplar Populus alba 2 POAL7 Giant Foxtail, Japanese Bristlegrass Setaria faberi 3 SEFA Dandelion Taraxacum officinale 3 TAOF Common Mullein Verbascum thapsus 3 VETH Moth Mullein Verbascum blattaria 3 VEBL Sweet Vernal Grass Anthoxanthum odoratum 3 ANOD Johnsongrass Sorghum halepense 3 SOHA Cogongrass Imperata brasiliensis Watch IMBR Tropical Soda Apple Solanum viarum Watch SOVI2 Mile-a-Minute Vine Polygonum perfoliatum Watch POPE10 Common Plantain Plantago major 3 PLMA2 English Plantain, Narrowleaf Plantain Plantago lanceolata 3 PLLA Oxeye Daisy Leucanthemum vulgare 3 LEVU Rough Cocklebur Xanthium strumarium 3 XAST Tall Fescue Schedonorus phoenix (Festuca arundinacea)

3 SCPH

Wild Carrot, Queen Anne’s Lace Daucus carota 3 DACA6 Bull Thistle Cirsium vulgare 3 CIVU Calamus (European) Acorus calamus 3 ACCA4 Chocolate Vine Akebia quinata 3 AKQU Field Clover, Hop Clover Trifolium campestre 3 TRCA5 Common Buckthorn Rhamnus cathartica Watch RHCA3 Norway Maple Acer platanoides Watch ACPL Amur Maple Acer ginnala Watch ACGI Japanese Chaff Flower Achyranthes japonica Watch ACJA Sweet Autumn Virginsbower Clematis terniflora Watch CLTE4 Japanese Hops Humulus japonica Watch HUJA Giant Knotweed Polygonum sachalinense Watch POSA4

Golden Bamboo Phyllostachys aurea Watch PHAU8

Yellow Groove Bamboo Phyllostachys aureosulcata Watch PHAU80

Climbing Fern Lygodium palmatum Native LYPA3

Other weeds that may be treated within developed recreation areas and administrative sites

Code Scientific Name Common Name

TORY Toxicodendron rydbergii Poison-ivy

SECTION III – GOVERNMENT FURNISHED PROPERTY

• Adequate flagging

• Maps identifying general locations of noxious weeds.

SECTION IV – CONTRACTOR FURNISHED ITEMS/SERVICES

• The contractor shall furnish all items required to perform this PWS, which includes final data and map(s).

• The contractor shall submit a list of personnel and certifications held by each employee.

• The contractor shall submit self inspection reports for all treatment areas and data processing. This documentation shall be provided to the COR or/Inspector at time of data submittal.

SECTION V – PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

5.1 WEED TREATMENT/TREATMENT DATA: The contractor shall treat weeds according to the manufacturers label directions. Flag the perimeter of treatment area. Flags will remain in place until the COR or Inspector has completed the field inspection.

5.10 SUBMITTALS

5.10.1 QUALITY CONTROL PLAN: The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified.

5.10.2 WORK PLAN: The Work Plan shall describe how the contractor plans to perform the project, including methods, personnel, and equipment. Due to the complexity, the contractor shall provide a Work Plan prior to work.

5.10.3 PROGRESS SCHEDULE: The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each treatment, unless specific treatment areas list both required start and stop work dates.

5.10.4 GOVERNMENT INSPECTION AND ACCEPTANCE: The COR or Inspector shall inspect the application work during and/or following treatment. Inspections will determine both the adequacy of coverage and rate of detection of weed occurrences. A determination of acceptance will be based on discoloration, wilt, and presence of dye on plants through a visual inspection within the treatment area, and use of the AQL as listed in Section VII of the PWS.

If the contractor fails to meet the minimum AQL, the contractor shall rework the area. The Government will conduct a final inspection and up to one re-inspection for each area. Anytime the contract requires more than two inspections per area, the contractor will be accessed for additional inspections which will include mileage and hourly rate of Inspector or Inspectors.

5.10.5 CONTRACTOR SELF INSPECTION: The contractor shall conduct self inspections on all aspects of work, collection of data, mapping, and data submittal. This self inspection process shall be documented and submitted on a weekly basis upon award and be representative of the treatment area and no less than two self inspections per day. The contractor shall identify the center of each field inspection with a 30” brightly colored pin flag. The field inspections shall be spread throughout the project area. For all submitted data, the contractor shall provide the Government with an acceptable method of self inspection. This method shall be approved prior to the Notice to Proceed is issued.

5.10.6 PAYMENT: Payment at contract price will be made on a per acre cost less any deductions or adjustments as provided in the PWS. Payments are limited to one payment per task order.

SECTION VI – GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/ STATE STANDARDS/

GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

Attachments, including site specific exhibits and location maps are found in individual task orders.

SECTION VII – PERFORMANCE REQUIREMENTS SUMMARY

TASK/SUBTASK PERFORMANCE STANDARD ACCEPTABLE

QUALITY LEVEL

(AQL)

MONITORING

METHOD

DISINCENTIVES FOR

NOT MEETING

STANDARDS

5.1 - Noxious Weed Treatment/Treatment Data without water available

Weeds will be treated with the correct quantity of herbicide mixture as per manufacturer’s directions

Contractor is responsible for the effects of herbicide residue on non target species as well as problems that could arise from drift of herbicide

Treat at temperatures less than 95 F and wind speeds less than 10 mph

Flag areas for identification purposes

Complete treatment data table according to required standards as defined in Section 2.2.7 and on a regular basis, provide Government Inspectors with GPS data of treated sites

90% Acceptable level of performance thus resulting in 80% kill

Less than 20% loss of non-target species

Follow task order direction and manufacture label direction 100%

Review contractor’s records of treatment, inspection, and sampling results, and perform periodic on-site inspections

Government shall perform our own sampling through a series of plots and ocular inspections

Checking compliance of contractor supplied inspection plots

Field check fill site

Rework at contractors expense

Payment will be deducted 2% for each percentage point less than 90%

No payment will be made for less than 80% AQL

Poor performance rating

Clean up of site

5.10 - Submittals

5.10.1 - Quality Control Plan (QCP)

5.10.2 - Work Plan

5.10.3 - Schedule of Work

All submittals are received within 10 days after contract award

QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed. Includes method and frequency of inspections

On-site records of all quality control inspections are submitted weekly

100% Compliance Submittal review Will not issue Notice to Proceed until acceptable submittals are received

Payment deduction of 5% if quality control inspections are not preformed in accordance with QCP

SECTION VIII FIRE PREVENTION

8.1 FIRE PREVENTION AND CONTROL

(A) Tools and Equipment:

The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each ATV, supply truck, water truck, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(B) Fire Prevention.

Blasting – Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Welding – All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation.

Fire extinguishers and fire tools are required as shown in Section B-1(b).

Open Fires – In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals.

Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums.

Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Smoking – Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

SECTION XI CLEAN-UP

All trash and debris generated by the Contractor's operation shall be removed daily from National Forest land. Final acceptance and payment may be withheld until such materials are removed.

SECTION XII: SALVAGE RIGHTS

Contractor does not have salvage rights.

QUALITY ASSURANCE SURVEILLANCE PLAN

WEED TREATMENT

I. Objective: The purpose of this plan is to provide a Quality Surveillance Plan for weed treatment for work preformed on the Cumberland Ranger District, Daniel Boone National Forest. This plan provides a basis for the Contracting Officers Representative (COR) and Inspectors to evaluate the quality of the contractor’s performance. The oversight provided for and in the contract will help to ensure that quality levels reach the required levels of performance.

II. Performance Standards:

Quality Level: By monitoring the contractor, the COR or Inspector will determine whether the performance levels set forth in the contract have been attained. Quality standards for all tasks are specified in the Performance Work Statement Sections V and VII, and the Supplemental Specifications.

The contractor shall conduct self inspections of each treatment area for compliance with contract requirements and as identified in 5.10.5 of the PWS. Monitoring by the contractor shall be made through a series self inspections. The contractor shall select a method of self inspection, and inform the Government of type prior to the Notice to Proceed being issued. Self inspections shall be documented and provided to the Government when submitting GIS data and invoice. The government will inspect completed work by first looking at the self inspection records, and then verifying information in the field. The Government shall also use a series of plots within each treatment area to ensure the contract requirements are being met.

2.2. INSPECTION:

On-site Inspections: The COR or Inspector will evaluate the current levels of performance, according to the standards set forth in this contract at the direction of the CO. The COR or Inspector will review the contractor’s inspection records and field inspections.

Records Inspection: The contractor shall submit self inspection records at the time of submitting the contract invoice, and will be reviewed by the COR or Inspector. The contractor and COR or Inspector will communicate regularly and update a progress map as needed.

Documentation: The COR will keep a file containing the following:

A. Copy of the contract B. All modifications to the contract C. Copy of the COR appointment letter D. All contract correspondence initiated or received by the COR E. Copies of all completed inspection reports, checklists, logs, diaries, contract discrepancy reports, and surveillance certifications F. Records of meetings attended G. Copies of processed invoices and receipt documents H. Copies of equipment inspections

III. Evaluation Methods: The COR/inspector will review the contractor’s records of inspection systems and sampling results and conduct periodic on-site inspections. The COR or Inspector shall document all inspections on a FS6300-20 Contract Daily Diary at least once per week. This diary is available to the contractor upon request.

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

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the

Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from May 1, 2010 through October 31, 2011.

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

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, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

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

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, 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.

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

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

The supplies shall include:

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (band-aids) One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

Any washing of laundry shall must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

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

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

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

During the fire season, a shovel, axe or Pulaski, 10- quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

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

All generators and other internal combustion engines must be equipped with US 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 (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.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN

2009)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision--

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.