SF1449 Cont_0543.pdf

SERVICE RFQ SOL NO: AG-4419-S-10-0543

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 Description Quantity Unit Price Amount

Southwestern Midewin Cutting and cut surface herbicide treatment

480 ACRES $ $

North Central Midewin Cutting and cut surface herbicide treatment.

574 ACRES $ $

Northeastern Midewin

427 ACRES $ $

Southeastern Midewin

605 ACRES $ $

DELETED

no bid

Various locations Foliar herbicide treatment of Phragmites

147 ACRES $ $

18 a a)Various Locations Chipping of cut and stacked material

HONEYSUCKLE, BRUSH

Multiple piles

LUMP

SUM NA $

18 b b)Various Locations Chipping and removal of LARGE WOODY

DEBRIS

Multiple piles

LUMP

SUM NA $

19 a

a) General debris disposal Removal/off-site disposal of railroad ties.

600 TONS $ $

19 b

b) General debris disposal Additional removal/off-site disposal of railroad ties in excess of the 600 tons lump sum quantity, as authorized by COR prior to work beginning.

Optional expansion in 100 ton increment TONS $ $

TOTAL PROJECT $________________

"NOTE: Please be sure to certify in ORCA for the NAICS specified on the contract form or elsewhere in this solicitation."

SOL NO: AG-4419-S-10-0543

ALL TASKS MAY BE AWARDED INDIVIDUALLY, SO PLEASE BID ACCORDINGLY.

EVALUATION CRITERIA BASED ON TECHCNICALLY ACCEPTABLE, LOWEST PRICE.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Project Description

The purpose of this project is to reduce hazardous fuels at Midewin National Tallgrass Prairie.

Prescribed fire is a management tool used on the prairie, and one goal of this project is to decrease the amount of woody vegetation that prescribed fire cannot kill and to provide control of invasive woody vegetation to keep them from spreading out into areas of Midewin that are being restored to native vegetation. Once the woody vegetation is removed, periodic prescribed fires and/or mowing should keep seedlings from being re-established. Target species include: bush honeysuckle, autumn olive, willow species, dogwood species, osage orange, small cottonwood, small hawthorn, and small ash trees.

TASK 12

Southwestern Midewin (480 acres)

Cutting and cut surface herbicide treatment specifications

This task consists of multiple tree lines, fence rows, drainage ditches, a patch of woods, and a few large tracts of land that have become overgrown with invasive species. Woody vegetation to be removed is located in areas where obstacles make mowing difficult including the tops and sides of some bunkers.

This work will only be performed from the period of August 15 through April 15. Some areas are grazed by cattle and will need to be treated between December 1 and April 1.

Target species include: bush honeysuckle, autumn olive, dogwood sp., willow, cottonwood, hawthorn, ash, black locust and osage orange.

Woody vegetation up to 6 inches DBH (diameter breast height) will be cut to within 4 to 6 inches of the ground surface. Vegetation over 2 feet in height will be cut and the cut surface will be treated with herbicide. Vegetation less than 2 feet in height can be ignored.

A forestry type mower or brush hog can be used in the treatment areas to cut some of the woody vegetation. Machine work will be done when the ground is dry enough to prevent rutting or when the ground is frozen (to limit ground disturbance). Other areas may require hand work with a chainsaw or brushcutter where access is difficult for a machine. Ground disturbing activities should be kept to a minimum. If the ground becomes too wet for heavy equipment, work must stop until the ground is dry enough to prevent rutting.

In open areas, the cut material should be cut up into smaller pieces so that brush piles do not extend over

12 inches in height. Along roadsides, rail lines, and long linear features, the cut material will be chipped. The chips may be spread out on the ground in piles not to exceed 4 inches in height.

All work, whether it is hand cutting or forestry mowing, will be treated with herbicide to kill the plant and reduce resprouts. The herbicide concentrations to be used are based on the manufacturer’s label directions for cut surface treatments. All herbicide treatments will include a colored dye so the contractor, COR, and forest service employees can clearly see which stumps have been treated.

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. For Glyphosate, a cut stump treatment is recommended immediately following cutting or within 1-2 hours of cutting. During frozen conditions, Glyphosate can be difficult to work with because it is water based. An acceptable alternative is a basal bark treatment with Triclopyr (Garlon-4 or equivalent product) mixed with bark oil. 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.

Backpack sprayers or hand pumps may be used for herbicide application.

One project goal is to decrease large hazardous fuels 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 and/or mowing should keep seedlings from reestablishing.

TASK 13

North Central Midewin (574 acres)

This task consists of multiple abandoned rail lines, road sides, riparian zones, fence rows, edges of agricultural fields, open fields, and a bunker field. Tract 208 (220 acres) is an old munitions storage area with concrete bunkers that is grazed and mowed annually. Woody vegetation to be removed is located in areas where obstacles make mowing difficult including the tops and sides of bunkers, roadsides, and old rail lines.

Within this task there are two pastures that are grazed by cattle. In these two pastures, work will be performed between December 1 and April 1 (when the cattle are off site). All other work will be performed between August 15 and April 15.

Woody vegetation up to 6 inches DBH (diameter breast height) will be cut to within 4 to 6 inches of the ground surface. Vegetation over 2 feet in height will be cut and the cut surface will be treated with ground is frozen (to limit ground disturbance). Other areas may require hand work with a chainsaw or brushcutter where access is difficult for a machine. Ground disturbing activities should be kept to a

In open areas, the cut material should be cut up into smaller pieces so that brush piles do not extend over

12 inches in height. Along roadsides, rail lines, and long linear features, the cut material will be

All work, whether it is hand cutting or forestry mowing, will be treated with herbicide to kill the plant stump treatment is recommended immediately following cutting or within 1-2 hours of cutting. During frozen conditions, Glyphosate can be difficult to work with because it is water based. An acceptable alternative is a basal bark treatment with Triclopyr (Garlon-4 or equivalent product) mixed with bark oil. Other concentrations or herbicides may be acceptable with prior approval of the COR. Any

One project goal is to decrease large hazardous fuels 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 and/or

TASK 14

Northeastern Midewin (427 acres)

Tract 82 is 159 acres in size and contains some old army warehouses that are going to be disassembled and recycled. Woody vegetation is invading the area around the warehouses and the surrounding fields.

This task also includes abandoned rail lines, road sides, drainage ditches, riparian zones, and open land between agricultural fields where invasive species have grown up. Woody vegetation to be removed is located in areas where obstacles make mowing difficult

This work will only be performed from the period of August 15 through April 15.

Woody vegetation up to 6 inches DBH (diameter breast height) will be cut to within 4 to 6 inches of the ground surface. Vegetation over 2 feet in height will be cut and the cut surface will be treated with ground is frozen (to limit ground disturbance). Other areas may require hand work with a chainsaw or brushcutter where access is difficult for a machine. Ground disturbing activities should be kept to a

In open areas, the cut material should be cut up into smaller pieces so that brush piles do not extend over

12 inches in height. Along roadsides, rail lines, and long linear features, the cut material will be

All work, whether it is hand cutting or forestry mowing, will be treated with herbicide to kill the plant stump treatment is recommended immediately following cutting or within 1-2 hours of cutting. During frozen conditions, Glyphosate can be difficult to work with because it is water based. An acceptable alternative is a basal bark treatment with Triclopyr (Garlon-4 or equivalent product) mixed with bark oil. Other concentrations or herbicides may be acceptable with prior approval of the COR. Any

One project goal is to decrease large hazardous fuels 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 and/or

TASK 15

Southeastern Midewin (605 acres)

This task includes two groups of warehouses that have been demolished with the concrete foundations remaining. Brush has grown up around the foundations and along multiple rail lines, drainage ditches, and roadsides. Another unit of 70 acres located in the southeastern corner of Midewin. This area is no longer grazed and woody vegetation has grown up in the riparian zone and along fence lines. This task includes abandoned rail lines, roadsides, drainage ditches, and open land between agricultural fields where invasive species have grown up. Woody vegetation to be removed is located in areas where obstacles make mowing difficult

This work will only be performed from the period of August 15 through April 15.

Woody vegetation up to 6 inches DBH (diameter breast height) will be cut to within 4 to 6 inches of the ground surface. Vegetation over 2 feet in height will be cut and the cut surface will be treated with ground is frozen (to limit ground disturbance). Other areas may require hand work with a chainsaw or brushcutter where access is difficult for a machine. Ground disturbing activities should be kept to a

In open areas, the cut material should be cut up into smaller pieces so that brush piles do not extend over

12 inches in height. Along roadsides, rail lines, and long linear features, the cut material will be

All work, whether it is hand cutting or forestry mowing, will be treated with herbicide to kill the plant stump treatment is recommended immediately following cutting or within 1-2 hours of cutting. During frozen conditions, Glyphosate can be difficult to work with because it is water based. An acceptable alternative is a basal bark treatment with Triclopyr (Garlon-4 or equivalent product) mixed with bark oil. Other concentrations or herbicides may be acceptable with prior approval of the COR. Any

One project goal is to decrease large hazardous fuels 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 and/or

TASK 16

Deleted

TASK 17

Various Locations (147 acres)

Foliar treatment of invasive grasses (Phragmites austrailis)

Foliar herbicide treatment specifications

Common reed grass (Phragmites austrailis) will be controlled using a Glyphosate based product that has been approved for wetland application (Rodeo or equivalent product). The Glyphosate product must be approved for use in wetlands since most of the application will be along creeks, drainage ditches and wetlands. Herbicide concentrations used and foliar coverage application will be according to label directions for foliar spray treatments of the specific species.

The two largest project areas are very wet (have open water) and may require an amphibious machine for access and treatment of the invasive grasses. A backpack sprayer or small truck or tractor mounted sprayers with hand spray guns are also permitted for spot treatment. Other methods of application may be acceptable with prior approval of the COR. Contractor will be required to make three applications spaced at least one month apart.

Three treatments are necessary, mid-May through mid-June, mid-June to mid-July, and mid-July to mid-

August. Three treatments are necessary to be most effective in killing these difficult to control plants.

Each treatment should be at least one month apart. The target areas are scattered throughout the eastern portion of Midewin. Several of the larger areas will be wet making access difficult, again consider using an amphibious vehicle. The Phragmites varies within the units from being scattered to thick.

Systematic searches should be made to get all the plants alive at each treatment.

The goal is to control Phragmites which is a very hot and flashy fuel making prescribed fire difficult. A secondary goal is to control the spread of Phragmites into other areas of prairie.

TASK 18

Various Locations

Chipping of cut and stacked material

Chipping and removal of large hazardous woody debris

When flashy fuels accumulate over time, large woody debris (1000-hour fuels) present a significant risk during prescribed burns. This task is designed to reduce the buildup of hazardous woody fuels at

Midewin.

Chipping of cut and stacked material

Previous work by contractors and an ARRA fuels crew has cut and stacked invasive species along roadsides. This work will be to chip the stacked material and haul the chips off site to a facility where the chips can be re-used or recycled.

Chipping and removal of large hazardous woody debris

There are also piles of large woody debris around Midewin. These piles include whole trees, root wads, dimensional lumber, poles, wood ties, and miscellaneous brush. This work will be to chip the material and haul the chips off site to a facility where the chips can be re-used or recycled .

This work can be performed at any time.

TASK 19

Various Locations

Removal of large hazardous woody debris (for example, but not limited to lumber, wood ties, wood poles)

When flashy fuels accumulate over time, large woody debris (1000-hour fuels) present a significant risk during prescribed burns. This task is designed to reduce the buildup of hazardous woody fuels at

Midewin.

This project area consists of abandoned rail lines associated with munitions storage facilities (bunker fields). The railroad tracks were removed by the army years ago. Some of the ties were removed, but many remain scattered along the railroad grade in small piles. The ties represent an obstacle for tractors and mowers and grasses and woody species have built up around these ties. The wood ties are a particular hazard during seasonal prescribed burns at Midewin National Tallgrass Prairie.

This work will be to remove large woody debris and wood ties from land that is being restored to grassland and prairie. All the ties in the project areas need to be cut or broken up into pieces less than three feet in length before being hauled to the landfill. Any bits and pieces of broken ties also need to be collected and removed.

Material disposal shall be in accordance with applicable federal, state and local laws/regulations.

Completion of this task will be judged by whether the work unit areas are void of ties within the tonnage over all limit. The contractor shall submit in a timely manner to the COR or a designated Inspector all available weight tickets for the removed materials, recycled, and landfilled.

Note: Prairie View Landfill offers free tipping for Midewin NTP generated waste; the waste must be accompanied by a Waste Management Inc. waste tracking sheet provided on a daily basis by Midewin.

Contractor shall be responsible for meeting Prairie View Landfill’s waste approval and waste requirements. The contractor shall be responsible for any processing fees related to waste disposal.

The map for task 19 designates a preferred order of work.

Bids will be made on a per ton basis. Payment will be made on a per ton basis. This task will be to remove 600 tons of large woody debris from the treatment areas; with the possibility of expanding by an additional 250-600 tons should more funding become available.

This work can be performed at any time, as long as the ground is hard enough to limit resource damage.

General Herbicide Treatment Specifications

Contractor must have a valid Illinois herbicide applicators license and all employees spraying herbicide will need valid Illinois operators or applicators licenses.

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.

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.

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.

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 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.

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.

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.

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.

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

H.1. 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.

H.2. CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL

2005) 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)

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

2009 (MAR 2009)

Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

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.

52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009)

(a) Definitions. As used in this clause— “Contract,” as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act).