2017_Oakwood_Bottoms_TSI.docx

DATE

AG-51A8-S-17-0008

DATE

04/13/2017

INFORMATION CALL:

05/03/2017 @ 12:00 PM CST

9. ISSUED BY CODE

10. THIS ACQUISITON IS

|_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

USDA Forest Service Midewin National TallGrass Prairie 30239 S. State Route 53 Wilmington, IL 60481

|X| SMALL

BUSINESS

|_| EMERGING SMALL

BUSINESS

|_| HUBZONE SMALL

NAICS: 115310 BUSINESS

|_| SERVICE-DISABLED VETERAN- |_| 8(A)

SIZE STANDARD: $7 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

INVOICE PROCESSING PLATFORM (IPP)

Please refer to Page 6 for more information on IPP and submitting your invoices.

TELEPHONE N0.

Furnish all labor, supervision, equipment, transportation, permits, certifications, licenses and insurance necessary to perform Oakwood Bottom Timber Stand Improvement services on the Hidden Springs Ranger District, Shawnee N.F.

Emailed submissions are preferred to:

rabolden@fs.fed.us No fax submissions will be accepted

SEE ATTACHED SCHEDULE OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

PLEASE SEE THE ATTACHED SCHEDULE

OF ITEMS – PAGES 3.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

BLOCK 20 - SCHEDULE OF SUPPLIES/SERVICES

Oakwood Bottoms Timber Stand Improvment Native Plant Plugs Midewin National Tallgrass Prairie

SCHEDULE OF ITEMS

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Quantity Unit Price Total Amount

TSI – Priority 1

Acre

TSI – Priority 2

Acre

TOTAL QUOTE

GENERAL INFORMATION

OFFERORS SHALL BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (www.sam.gov) and SHALL ENTER THEIR REPRESENTATIONS AND CERTIFICATIONS ONLINE TO RECEIVE AN AWARD. YOUR QUOTE WILL NOT BE CONCIDERED IF REGISTRATION CANNOT BE VERIFIED.

Furnish quote by 12:00a.m. c.s.t., May 3, 2017. Email to rabolden@fs.fed.us

The North American Industry Classification System (NAICS) code for this acquisition is 115310.

Service rates apply to this acquisition.

BASIS OF AWARD: Award will be made based on the Best Value to the Government. The information you provide in your technical submission, Past Performance, and the information in the Experience Questionnaire is equal to price or cost. The offeror may provide any format they wish to address the elements listed. Evaluation of offers may be made based on the information available, without further discussions or clarifications. Technical submissions should address all areas of the specifications and other items noted throughout this solicitation.

Mobilization is considered an indirect cost of this contract and will not be compensated as a separate work item. Mobilization consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site. Mobilization includes the obtaining of permits, insurance, and bonds.

All equipment and trailers shall be washed with all mud, debris, weeds, grasses, and seeds removed prior to being allowed on the project. Mower decks and equipment shall be cleaned of grasses, weeds, and seeds prior to leaving one area and moving to another. The Forest Service shall inspect all equipment prior to being unloaded off the transport vehicle.

Pre-work Meeting The Government is planning a pre-work meeting, during which potential Offerors may obtain a better understanding of the work required. The meeting time will be determined after the award and located at the Mississippi Bluffs Bluffs Ranger District Office, 521 North Main Street, Jonesboro, IL 62952. For directions contact Justin Dodson at 618-658-1316.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

Timber Stand Improvement (TSI): The contractor shall furnish all labor, materials, equipment, transportation, and supervision to perform all work required to complete Timber Stand Improvement, on 156 acres, by removing trees with chainsaws and other cutting devices in accordance with terms, provisions, and specifications of the contract. Activities are covered under NEPA in the Big Muddy River Bottoms Habitat Improvement Environmental Assessment. Decision Notice was signed on June 27, 2016.

LOCATION AND DESCRIPTION

The areas are located on Forest Service lands within the boundaries of the Shawnee National Forest, Mississippi Bluffs Ranger District in the Oakwood Bottoms Green Tree Reservoir in Jackson, County, Illinois. All units are located in floodplains and can be inundated with water. Typically the area is dry in the summer/fall, and wet in the winter/spring. Controlled flooding of units generally occurs between October and April; natural flooding caused by annual precipitation may happen at any time. Designated areas are accessible via gravel road and woods roads. The annually designated ‘flooding compartment’ boundaries are defined by natural features or ribbon where natural features are not evident (See attached map). The area has had previous TSI or timber harvests.

TSI

The intent of the TSI is to full area release desired species by removing all soft mast species (maple, elm, ash, etc.) and undesirable seedling and saplings within the priority areas designated on the map. These areas have had prior TSI treatments so the majority of the trees removed will be seedling and saplings (up to 5” dbh). Some larger cut stumps, from previous TSI treatments, that are producing sprouts may need to be cut as well. Most areas are within ½ mile of a road.

Contractor will give a minimum of three (3) days’ notice to COR or designated inspector before commencing work or continuing after a stop work order in designated units. A Pre-work meeting will be scheduled at the beginning of the project.

TECHNICAL SPECIFICATIONS

TSI:

1. All competing seedling, saplings, stump sprout trees, or woody vegetation within priority gap locations will be cut to release desired species.

1. Desired species include oak, hickory, persimmon, cypress, or any other species determined by the COR.

1. All cut materials will be limbed so that they lay within 2ft of the ground,

1. Cut materials will be severed as close to ground level as possible

1. Cut materials will not interfere with desired species.

EQUIPMENT SPECIFICATIONS

The contractor shall furnish power saws, axes, and any other tools used in the performance of this contract. Power saws must have approved mufflers meeting Forest Service standards.

INSPECTION AND ACCEPTANCE

Upon completion of the work, the Contractor shall notify the COR that work on the area is completed. If the completed work is accepted, the Contractor shall proceed with work on the next area. I f the work is not accepted, the Contractor shall complete any remedial work required for acceptance prior to commencing work on the next area. Multiple areas may be worked under agreement with the COR.

The COR or inspector will make visual inspections to check for compliance with contract specifications. Inspection plots may be taken if the visual inspections indicate that the work quality may not be acceptable.

The following actions will be considered as being in non-compliance

· Specified trees and shrubs not cut

· Slash removal not complete

· Stumps cut too high

· Cut trees that are interfering with crop trees

· Cutting of reserve or crop trees

Inspection Plots:

1. TSI: Inspection of the work shall be made by the COR or designated inspector as the work progresses at such intervals as are necessary to ensure compliance with the contract specifications and provisions. The inspection process will include the installation of survey plots by the COR or designated inspector. Any trees missed or trees mistakenly cut by the contractor will be noted. The contractor must achieve a passing score prior to full acceptance. Contractors failing to achieve an acceptable score must complete necessary work needed to attain a passing score or accept a reduced payment based on the score received. The score for the inspection will be calculated using the following formulas:

Individual plot score: 100 X Number of trees acceptably cut – Number of trees unacceptably cut Total number of trees acceptably cut

Item score: Sum of acceptable plots in area/ Total number of plots in area

Plots will be established at varying densities and random locations within an item based on the acreage of the item. The densities will be one plot per ten acres. The contractor may request a re-inspection of an item(s). Should the re-inspection result in a score varying by more than ten (10) points from the original score the re-inspection score shall be used to determine payment. Should the re-inspection result in a score within ten (10) points of the original inspection the contractor will be required to pay the cost of the re-inspection. The Contractor may be assessed actual damages which may include but are not limited to wages of the COR and Government inspector(s) incurred due to the rework and costs of vehicles that are incurred while administering the contract during the rework.

Contractor will be required to submit technical proposal for quality control methods at time of quote. The general Quality Control Plan must demonstrate how the Contractor will assure quality to meet the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while completing any work associated with this contract. To ensure quality of the work required by the contract the Contractor shall keep on staff a person with at least one of the following qualifications: Associate’s Degree in Forestry, Bachelor’s Degree in Forestry, or field/work experience commensurate to one of the two previously stated qualifications.

Upon completion of an area the contractor shall notify the COR so they may make an inspection of that phase of the work. If work is unacceptable the contractor shall complete any remedial work required for acceptance prior to commencing work on the next area. If the inspection results are unacceptable to the Contractor, a re-examination may be requested. Requests for re-inspection must be made in writing within 5 days after receipt of initial inspection results. The same inspection procedure will be used. The inspection pattern will be shifted so new inspection plots will not overlap previously inspected plots.

MEASUREMENT AND PAYMENT

Acreage: Acreage computation is based on GPS’ed lines around each location. Accuracy for the acres stated in the project locations are within +5 percent.

Measurement: Payment will be based upon acres completed, submitted, and accepted by the COR. Requests for re-measurement from the contractor, must be in writing. If acreage remeasured have a variance greater than five (5) percent, payment by the government will be made based upon the new acreage. If acres remeasurement is less than (5) percent the cost of the re-measurement will be deducted from the contract amount.

Payment:

1. TSI: Payment for work will be based on actual acres treated by the contractor and the score resulting from inspection by the Government. Payment will be adjusted based on the results of the inspection of the acres treated using the following schedule if rework is not completed:

The contractor may return to the work area and conduct additional work to improve the score with permission of the COR.

CLEAN-UP

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

SALVAGE RIGHTS

Contractor does not have salvage rights.

PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. 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 in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

5. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

6. 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.

7. 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 e.g., chain saw operation.

AGAR 452.211-74 Period of Performance (FEB 1988) The project must be completed by October 31, 2017.

EVALUATION FACTORS

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(b) Cost to the Government is not expected to be the controlling factor in the selection of a contractor for this solicitation. The degree of importance of price as a factor could become greater depending upon the quality of the offers for other factors evaluated. The following factors will be used for evaluation of the proposals.

Past Performance Experience Method to Accomplish Work Price

1. Past Performance The offeror will be evaluated on quality of service, customer satisfaction, business relations, and timeliness/responsiveness. A contractor with no relevant past performance history may receive a neutral rating for past performance.

2. Experience The offeror will be evaluated on their experience and/or qualifications in performing the type of work required by this contract.

3. Method to Accomplish Work The offeror will be evaluated on their plan to execute the work and stay on schedule. The offeror must be able to respond to flexibility due to weather and flooding periods associated with the area.

4. Price The offeror’s price will be evaluated to determine if it is fair and reasonable.

THE AWARD IS BEING CONSIDERED USING A BEST VALUE APPROACH. FAILURE TO PROVIDE ALL REQUIRED INFORMATION MAY RESULT IN YOUR OFFER NOT BEING CONSIDERED FOR AWARD.

INSTRUCTIONS FOR SUBMITTING INFORMATION TO BE USED

FOR EVALUATION OF OFFERORS.

1. Past Performance This includes quality of service, customer satisfaction, business relations, and timeliness/responsiveness. The offeror shall provide specific information of recent contracts of a similar nature performed within the past three years and provide the names, addresses and phone numbers of three references who can confirm the past performance of the offeror’s firm.

Include the following information:

a. Agency/company name, contact point (individual) and phone number

b. Period of performance of the contract

c. Dollar value of the contract

d. Description of the project and relevancy to this contract

e. Was the contract completed within the contract time allowed? If not, explain.

2. Experience The offeror shall identify the experience or qualifications your company and key personnel have had in the past three years doing similar projects. Provide the name and phone number of a contact person(s) for each project listed, such as the COR for government contracts or the field representative for private work. Specifically identify a foreman that you will provide for the performance of this contract. Provide information about his/her experience and knowledge of TSI practices. Also, list the names and experience of other personnel to be used during this contract.

Provide sufficient information so that the evaluators may make contact with anyone that can verify these experiences.

3. Method to Accomplish Work The offeror shall include a description of how they intend to accomplish the work and stay on schedule. This should include a work plan of how personnel and equipment will be utilized and coordinated to complete the work and to satisfy the work requirements to achieve the final product. Please include crew size, production rates, and ability to schedule work around flooding seasons. Also, please include when you could start work on this contract.

SPECIAL CONTRACT REQUIREMENTS

KEY PERSONNEL

Before work begins, the Contractor shall designate a Contractor's Representative in writing. The Contractor’s Representative is considered key personnel, in accordance with AGAR 452.237-74. The Contractor's Representative shall be knowledgeable of contract requirements and act for the Contractor in his absence. The Contractor or Contractor's Representative shall be at the job site whenever work is in progress. In the absence of the Contractor, the Contractor's Representative may receive instructions from the Contracting Officer or COR.

CONFIDENTIAL NATURE OF INFORMATION

Archaeological Sites: Any archeological sites encountered are protected by law and shall not be disturbed. The Contractor is encouraged to be alert for potential archeological sites and report their location to the Contracting Officer. Disclosure of any archeological information to any persons, other than those duly authorized as representatives of the Contracting Officer, may be subject to legal penalties.

POTENTIAL SAFETY HAZARDS

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards. A check in the box means the hazard applies for the Safety Plan.

Confined space entry

Blasting

Hazardous materials handling

Electrical hazard

Driving forest roads / night driving

Snowmobile safety

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 undocumented workers. 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 firefighting.

(b) Definitions.

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

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

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a 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, record keeping, vehicle safety, and housing:

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

(2) Wage and Payroll Standards

(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 register all vehicles used 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 referenced at 29 CFR 500.105. All drivers must have a current, valid State driver’s license and must comply with Department of Transportation work/rest requirements.

(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 in accordance with applicable state requirements.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

WORKER HOUSING

Supplement to 4G52.222-702 (d) (4)

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply.

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

· Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

· Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

· Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

PERSONAL PROTECTIVE EQUIPMENT

8. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

9. 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 in a manner capable of causing injury or impairment in the function of any part of the body.

10. Defective or damaged personal protective equipment shall not be used.

11. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

12. 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.

13. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

14. 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.

15. 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 e.g., chain saw operation.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. 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.

3. The campsite will 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 shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. 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.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

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

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

9. 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.

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

11. 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.

12. 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.

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (Band-Aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

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

15. 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.

16. 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.

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

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

b. All fire rings or outside fireplaces will 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.

c. All generators and other internal combustion engines will be equipped with USFS 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).

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

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

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

CONTRACT CLAUSES

Clauses Incorporated by Reference (FEB 1998)

This document, and any resultant orders placed against it, 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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

FAR 52.223-1 Biobased Product Certification. Biobased Product Certification (May 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements

FAR 52.223-2 Affirmative Procurement of Bio based Products Under Service and Construction Contracts.(Sept 2013)

(a) In the performance of this contract, the contractor shall make maximum use of bio based products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated bio based products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction. (FEB 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far

FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996) 52.212-1 Instructions to Offerors—Commercial Items (OCT 2016)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in…