SF18 Cont_0070.pdf

SERVICE RFQ SOL NO: AG-4419-S-10-0070

UNIT: 0909

PROJ NAME: Hazardous fuels reduction/NNIS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

TASK NO./ DESCRTIPTION EST.

QUANTITY

PRICE/ACRE TOTAL

AMOUNT

7. Jackson Creek Woods – Cutting and Cut Surface Herbicide Treatment as specified below.

566 ACRES

8. Tract 214, 215 and 42 – Cutting and Cut Surface Herbicide Treatment as specified

825 ACRES

9. Vulcan Prairie, Tracts 70 and 208N – Cutting and Cut Surface Herbicide Treatment as specified

537 ACRES

10. Tract 48/60 – Cutting and Cut Surface Herbicide Treatment as specified below.

635 ACRES

11. Prairie Creek Riparian – Cutting and Cut Surface Herbicide Treatment as specified below.

509 ACRES

TOTAL AMOUNT

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

DESCRIPTION/SPECIFICATIONS/

WORK STATEMENT

GENERAL SPECIFICATIONS

Project Description

The purpose of this project is to decrease the woody vegetation that prescribed fire cannot kill and to provide control of invasive woody vegetation to keep if from spreading out into areas of Midewin that have been restored to native begetation. Once the woody vegetation is removed periodic prescribed fires whould keep seedlings from being re-established. Target species include: bush honeysuckle, Autumn olive, willows, dog woods, osage orange, small cottonwood, small hawthorn and small ash trees.

TASK 7

Jackson Creek Wood (566 acres)

Cutting and Cut Surface Herbicide Treatment

This task consists of two tracts: Jackson Creek Woods West (394 acres) and Jackson Creek Woods East (172 acres). Woody vegetation up to 6” DBH (diameter breast height) will be cut to within 4” to 6” of the ground surface. Only vegetation over 2’ in height will be treated. The cut material should be cut up into smaller pieces so that it doesn’t extend over 12’’ in height. The cut surface will be treated with Glyphosate (Roundup or equivalent product). In riparian areas nearest the stream, cut surfaces will be treated with a wetland approved herbicide (Rodeo or equivalent). For Glyphosate, a 50% solution with a product having a 40 – 60% active ingredient will be used. The herbicide concentrations to be used are based on the manufacturer’s label directions for cut surface treatments. Other concentrations or herbicides may be acceptable with prior approval of the COR. Any substitute herbicides proposed must be covered under the Midewin Herbicide environmental assessment.

A forestry type mower can be used within both areas. Within the riparian areas around Jackson Creek and several wooded areas (totaling 221 acres), a forestry type mower can only be used when the ground is frozen to contain ground disturbance. These restricted areas can be cut by hand if the contractor so desires. Small truck, ATV or UTV mounted sprayers with hand spray guns are permitted for treatment with the same restrictions. Backpack sprayers may also be used. Even in non-restricted areas, ground disturbing activities should be kept to a minimum and under no circumstances should ground disturbance exceed 6” in depth. If the ground becomes too wet, work must stop until the ground is dry enough. Work will only be performed from the period of August 15th through April 15th. One cut surface application will be made. Some hand cutting may require hand work where access may be difficult for a mower.

The open wooded portion of the Jackson Creek Woods East was used as an officer’s housing unit. The closed woodland was left undisturbed, while most of the remaining area was a pasture. Open areas in

Jackson Creek Woods West was used a pasture while the wooded areas appear to have been left alone.

The open areas have been historically mowed semi-annually and have little woody vegetation except in areas where the mowers can’t go.

One project goal is to decrease the woody vegetation that prescribed fire can’t kill, only top kill. A secondary goal is to control invasive woody vegetation to keep it from spreading out into areas of Midewin that have been restored to native vegetation. Once the woody vegetation is removed, periodic prescribed fires should keep seedlings from being re-established. Target species include: bush honeysuckle, Autumn olive, willows, dog woods, osage orange, small cottonwood, small hawthorn and small ash trees.

TASK 8

Tract 214, Tract 215, Tract 42 (825 acres)

Cutting and Cut Surface Herbicide Treatment:

This task order consists of three tracts: Tract 214 (226 acres), Tract 42 (198 acres, only 108 acres will be treated) and Tract 215 (491 acres). Woody vegetation up to 6” DBH (diameter breast height) will be cut to within 4” to 6” of the ground surface. Only vegetation over 2’ in height will be treated cut surface treated. The cut material should be cut up into smaller pieces so that brush piles do not extend over 12’’ in height. The cut surface will be treated with Glyphosate (Roundup or equivalent product). In riparian areas nearest steams and drainage ditches and within wetlands, cut surfaces will be treated with a wetland approved herbicide (Rodeo or equivalent). For Glyphosate, a 50% solution with a product having a 40 – 60% active ingredient will be used. The herbicide concentrations to be used are based on the manufacturer’s label directions for cut surface treatments. Other concentrations or herbicides may be acceptable with prior approval of the COR. Any substitute herbicides proposed must be covered under the Midewin Herbicide environmental assessment.

A forestry type mower can be used to cut most of the woody vegetation. Small truck, ATV or UTV mounted sprayers with hand spray guns are permitted for treatment. Backpack sprayers may also be used. Ground disturbing activities should be kept to a minimum and under no circumstances should ground disturbance exceed 6” in depth. If the ground becomes too wet, work must stop until the ground is dry enough. This work will only be performed from the period of August 15th through April 15th in Tract 214 and Tract 42. Tract 215 is regularly grazed and treatment can only occur once the cattle are out, from December 1st through March 31. One cut surface application will be made. Some cutting may require hand work where access may be difficult for a mower.

Tract 214 and Tract 215 are old munitions storage areas with concrete bunkers. Tract 215 has been grazed yearly while both tracts are mowed regularly. Woody vegetation to be removed is located in areas where obstacles make mowing difficult including on the bunkers. Roads and old rail lines cross the area.

Tract 42 has 90 acres that are still in row crop agriculture. Portions of the tract are mowed on a regular basis. The woody vegetation is located within areas where obstacles make mowing impossible.

One project goal is to decrease the woody vegetation that prescribed fire can’t kill, only top kill. A secondary goal is to control invasive woody vegetation to keep it from spreading out into areas of Midewin that have been restored to native vegetation. Once the woody vegetation is removed, periodic prescribed fires should keep seedlings from being re-established. Target species include: bush honeysuckle, Autumn olive, dogwood, willow, small cottonwood, hawthorn, small ash, black locust and osage orange.

TASK 9

Tract 70, Tract 208N and Vulcan Prairie (537 acres)

This task order consists of three tracts: Tract 70 (193 acres), Vulcan Prairie (81 acres) and Tract 208N (263 acres). Woody vegetation up to 6” DBH (diameter breast height) will be cut to within 4” to 6” of the ground surface. Only vegetation over 2’ in height will be treated cut surface treated. The cut material should be cut up into smaller pieces so that brush piles do not extend over 12’’ in height. The cut surface will be treated with Glyphosate (Roundup or equivalent product). In riparian areas nearest steams and drainage ditches and within wetlands, cut surfaces will be treated with a wetland approved herbicide (Rodeo or equivalent). For Glyphosate, a 50% solution with a product having a 40 – 60% active ingredient will be used. The herbicide concentrations to be used are based on the manufacturer’s label directions for cut surface treatments. Other concentrations or herbicides may be acceptable with prior approval of the COR. Any substitute herbicides proposed must be covered under the Midewin Herbicide environmental assessment.

A forestry type mower can be used in each tract to cut most of the woody vegetation. Small truck, ATV or UTV mounted sprayers with hand spray guns are permitted for treatment. Backpack sprayers may also be used. Ground disturbing activities should be kept to a minimum and under no circumstances should ground disturbance exceed 6” in depth. If the ground becomes too wet, work must stop until the ground is dry enough. For the Vulcan tract and Tract 208N the work will only be performed from the period of August 15th through April 15th. In Tract 70 there is a pasture within the chain link fence. This area can only be done when the cattle are off the tract for the winter, usually December 1st through March 31st. If the cattle are taken off earlier, then work can start earlier. One cut surface application will be made. Some cutting may require hand work where access may be difficult for a mower.

The Vulcan prairie tract has been restored to wetland and prairie and can be quite wet in spots. It might be possible to use a forestry type mower in a dry year and when the ground is frozen, otherwise hand removal will be required. In riparian areas nearest steams and drainage ditches and within wetlands, cut surfaces will be treated with a wetland approved herbicide (Rodeo or equivalent). Tract 70 includes a pasture that is periodically mowed, but has woody material surrounding it and within areas where obstacles make mowing difficult. Tract 208N has some small hay fields which are mowed regularly; the intervening areas have varying amounts of woody vegetation.

One project goal is to decrease the woody vegetation that prescribed fire can’t kill. A secondary goal is to control invasive woody vegetation to keep it from spreading out into areas of Midewin that have been restored to native vegetation. Once the woody vegetation is removed, periodic prescribed fires should keep seedlings from being re-established. Target species include: bush honeysuckle, Autumn olive, dogwood, willow, cottonwood, hawthorn, ash, black locust and osage orange.

TASK 10

Tract 48/60 (635 acres)

This task order consists of Tract 48/60 which consists of 388 acres. Fifty acres are in crops and won’t be treated. Woody vegetation up to 6” DBH (diameter breast height) will be cut to within 4” to 6” of the ground surface. Only vegetation over 2’ in height will be treated. The cut material should be cut up into smaller pieces so that it doesn’t extend over 12’’ in height. The cut surface will be treated with Glyphosate (Roundup or equivalent product). For Glyphosate, a 50% solution with a product having a 40 – 60% active ingredient will be used. The herbicide concentrations to be used are based on the manufacturer’s label directions for cut surface treatments. In riparian areas nearest steams and drainage ditches and within wetlands, cut surfaces will be treated with a wetland approved herbicide (Rodeo or equivalent). Other concentrations or herbicides may be acceptable with prior approval of the COR. Any substitute herbicides proposed must be covered under the Midewin Herbicide environmental assessment.

A forestry type mower can be used in tract 48/60. Small truck, ATV or UTV mounted sprayers with hand spray guns are permitted. Backpack sprayers may also be used. Ground disturbing activities should be kept to a minimum and under no circumstances should ground disturbance go below 6” in depth. If the ground becomes too wet, work must stop until the ground is dry enough. For Tract 48/60 work will only be performed from the period of August 30th through March 1st. One cut surface application will be made.

Tract 48/60 consists of open fields that have been mowed on a regular basis and will be mowed this fall.

There are small areas of targeted shrubs in areas where it’s difficult for the mower to get into due to obstacles. Some of these areas can be cut with a forestry type mower; others may have to be cut by hand due to rocks and other obstacles. The areas adjacent to drainage ditches will have thicker concentrations of invasive shrubs and small trees. Target species include: Autumn olive, bush honeysuckle, hawthorns, multiflora rose, osage orange, willows, ash and cottonwoods.

TASK 11

Prairie Creek Riparian Area – east side (509 acres)

This task order consists of 4 miles along the Prairie Creek riparian area from Hoff Road southwest to Road 1 West. Woody vegetation up to 6” DBH (diameter breast height) will be cut to within 4” to 6” of the ground surface. Only vegetation over 2’ in height will be treated. The cut material should be cut up into smaller pieces so that it doesn’t extend over 12’’ in height. The cut surface will be treated with Glyphosate (Rodeo or equivalent product approved for wetland use). For Glyphosate, a 50% solution with a product having a 40 – 60% active ingredient will be used. The herbicide concentrations to be used are based on the manufacturer’s label directions for cut surface treatments. Other concentrations or herbicides may be acceptable with prior approval of the COR. Any substitute herbicides proposed must be covered under the Midewin Herbicide environmental assessment.

Within the riparian areas along Prairie Creek a forestry type mower can only be used when the ground is frozen to contain ground disturbance. These restricted areas can be cut by hand if the contractor so desires. Small truck, ATV or UTV mounted sprayers with hand spray guns are permitted for treatment with the same restrictions. Backpack sprayers may also be used. Ground disturbing activities should be kept to a minimum and under no circumstances should ground disturbance go below 6” in depth. If the ground becomes too wet, work must stop until the ground is dry enough. Work along Prairie creek will be done from the period of December 1st to April 1st. One cut surface application will be made.

The Prairie Creek riparian area is a young secondary growth wooded area along the creek. This area can be mowed with a forestry type mower only if the ground is frozen. Portions of this area can be thick with shrubs. One project goal is to decrease the woody vegetation that prescribed fire can’t kill. A secondary goal is to control invasive woody vegetation to keep it from spreading out into areas of Midewin that have been restored to native vegetation. Once the woody vegetation is removed, periodic prescribed fires should keep seedlings from being re-established. Target species include: Autumn olive, bush honeysuckle, mulberry, multiflora rose, osage orange, willows, ash and cottonwoods.

General Herbicide Treatment Specifications

Large scale broadcast or aerial spraying will not be allowed. The FS will consider other types of application than those specified, but must have approval by COR prior to application.

Contractor will place “Caution Herbicide Application---Keep Off) flags up around the areas being sprayed and will remove the flags after an appropriate interval has occurred (as per label directions).

Midewin will supply the flags.

Contractor will mix herbicides in accordance with manufacturer’s instructions and any applicable laws or regulations. The contractor is responsible for the cleanup of any spills and will notify the COR immediately of any spills. Foliar application will only occur when wind velocity is less than 12 MPH, unless permission is granted by the COR or designated Inspector. Contractor must have herbicide Labels and Material Safety Data Sheet on site and provide the COR with copies prior to start of work.

Application must be performed within specifications indicated on the herbicide label. Contractor must have a valid Illinois herbicide applicators license and all employees spraying herbicide will need valid Illinois operators or applicators licenses.

Contractor must take care to minimize the drift from herbicide application. Under no conditions will contractor allow over-spray of herbicides to drift into more than 10% of the area within 1 yard of the target plant, and no herbicide damage can occur beyond 3 feet of the target infestation.

The contractor will keep a daily log of work activities. The Forest Service will supply the forms and the forms should be turned into the COR on a weekly basis. The log will include item worked on, weather conditions (temperature, wind direction, and wind speed), number of man-hours, herbicide used, quantity of herbicide used and approximate acreage covered. The log must be submitted with the final bill. Complete payment will not be made without the daily log. If requested Midewin can provide a copy of the daily log data sheet.

At least a 90% kill rate will be guaranteed by the contractor. FS will accept work based upon a visual inspection, but the contractor has the option to ask for sampling to be done to confirm visual kill rate.

This sampling will consist of ten 1/100 hectare plots unless less than 10 target plants are found in a plot in which case the size of the plot will be 1/10 hectare. Plot points will be established in the field prior to treatment and marked by GPS. Plots will be representative of the density of the target species within the project area.

General Specifications:

Work under this contract will not be performed when ground or access road conditions would result in damage to access roads or to the natural resources. If precipitation makes the ground wet enough to cause rutting, then work will be temporarily suspended or the contractor can bring in machinery with a lighter ground pounds per square inch, for example a PSI of less than 4.0 that won’t cause ruts. Soil ruts deeper than 2 inches or covering more than 10% of the designated work area must be avoided or mitigated by the contractor.

Prior to starting work the FS will inspect the contractor’s equipment (heavy equipment or off-road equipment) to be sure that it meets fire and safety requirements. All equipment must be steam cleaned or run through a car wash prior to coming on site to remove any invasive plant species seeds.

Compressed air cleaning may be an adequate cleaning method, but must be approved by the COR. COR or designated Inspectors will inspect equipment upon being brought onto Midewin for the first time, or subsequent returns if the equipment is taken off site and returned.

Any spill of fuel or hydraulic fluid greater than one (1) pint must be immediately reported to the COR or PM. Contractor personnel must have training to ensure they are qualified to identify such releases and are competent to provide proper cleanup and reporting. All spilled materials and impacted soils will be removed and properly disposed as necessary.

Sensitive areas, cultural resource sites, wetland, species habitat and native vegetation may exist within the project area. These areas will be marked by Midewin staff as needed and avoided by the contractor or performed only with an appropriate Midewin staff member on site.

In areas which will be open to the public the contractor will put up warning signs in ingress and egress lanes to the work area . Operating areas, temporary storage areas, and equipment ingress and egress lanes for equipment will be approved by the COR in advance of work in each area.

Wet weather conditions may preclude the use of vehicles or ATVs on portions of the tract or possibly the entire tract at certain times. The USDA Forest Service ecologist will determine in conditions warrant cession of vehicular traffic.

See attached maps for further information. More detailed maps are available upon request. Arrange site visits with William Glass at 815/423-2129.

LOCATION AND DESCRIPTION

Various locations on the Superior National Forest

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

SECTION F--DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from January 15, 2010 through January 15, 2012.

SECTION G--CONTRACT ADMINISTRATION DATA

{For this Solicitation, there are NO clauses in this Section}

SECTION H--SPECIAL CONTRACT REQUIREMENTS

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

(MINI TEMPLATE)

INSTRUCTIONS TO USER: INCLUDE THE FOLLOWING CLAUSES FOR

PREDOMINATELY MANUAL FORESTRY OR AGRICULTURAL WORK

SECTION H

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 cContracting oOfficer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

Damaging or removing any natural feature or other property of the Forest Service is prohibited.

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

Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

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

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

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

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

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

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

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

All generators and other internal combustion engines must be equipped with USForest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order.

They will be located in a cleared area with the same requirements as in (b).

All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

The Forest Service reserves the right to terminate a camping permit at any time.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

(MAR 2009)

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000)

52.215-2 Audit and Records-Negotiation w/Alt I (Mar 2009) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.222-54 Employment Eligibility Verification (JNA 2009) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2008) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR

1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

____Laborer___ _____GS-1 Step 5_____$9.52___

___Foreman___ _____GS-4 Step 1 $11.57___

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

EXPERIENCE / CAPABILITY STATEMENT

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ALL --NAICS Code 567310 --Size Standard 7.0

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is ___567310__ [insert NAICS code].

(2) The small business size standard is ___7.0___ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph

(d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition…