AG-67T0-S-14-9001_Babione_Stewardship-v1.docx

AG-67T0-S-14-9001

Babione Stewardship Base Solicitation Package

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-67T0-S-14-9001

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

08/14/2014

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

Various

6. PROJECT NO.

USDA FOREST SERVICE

R2, AQM NT-RMAST

1019 N FIFTH ST

CUSTER SD 57730-8214

(605) 673-9200

ATTN: BRENDA ANDERSON

bjanderson@fs.fed.us

Brenda Anderson B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(605) 673-9323

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Bonding is not required for this project. The Construction portion of this contract is estimated at below $10,000.00.

The use of bio-based products is anticipated in the performance of the contract. Information on Bio-based products can be found at: http://sftool.gov/green-products/8/miscellaneous This acquisition has been tailored to fit the Government's method of trading goods for services. It will entail both a timbersale for the sale of approximately 8, 343 CCF of conifer saw timber trees with 5,863 CCF of Miscellaneous Conv. for exchange of service work for 100 acres of fuels treatment with an additional 258 acres of optional fuels treatment; 254 acres of site preparation and scarification with an optional 142 acres of precommercial thinning and small construction project of placing government furnished object markers, installing a contractor provided 16 foot powder river gate and providing materials, and installing a 40 foot segment of buck. & pole fence.

11. The Contractor shall begin performance within 10 calendar days and complete it within 1460 calendar days after receiving |_| award, |X| notice to proceed. This performance period is |_| mandatory, |X| negotiable.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

SCHEDULE OF ITEMS

B.1 SCHEDULE OF SERVICE ITEMS:

B.1.1 These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

B.1.2: Prices MUST be provided on ALL Items in Schedules B.1.3, Base and Option Work Activities and B.2 Timber or other products Removal Price Schedule.

B.1.3 SERVICES AND PRICES

BASE WORK ACTIVITIES

QUANTITY

Mandatory Service Items – Service Contract Act Wage Rates Apply to this Section

Mandatory Construction Items – Davis Bacon Wage Rates Apply to this Section

OPTIONAL Items

OPTIONAL Items

B.2 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

(FLAT)

TOTAL OFFER

B.3 LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications in the Appendices. Payment for Land Management Work Activities identified in Schedule B.1.3, will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Mandatory Service and Construction Items shall be performed. Award may be made for optional items in any order that the Contracting Officer determines is in the best interest of the Government, see clause 52.217-7 Option for Increased Quantity-Separately priced line items.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION AND SPECIFICATIONS

General Clauses and Provisions Pertaining To All Items

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

C.2 PROJECT DESCRIPTION

(a) Description of Work- This solicitation and any resultant contract is a stewardship project in accordance with Section 323 of Public Law 108-7 (16 U.S.C. 2104 Note, as revised February 28, 2003 to reflect sec. 323 of J.J. Res. 2 as enrolled), the Consolidated Appropriations Resolution, 2003, amending Public Law 105-277, sec. 347. This is an acquisition that has been tailored to fit the Government’s method of trading goods for services.

The project area is located approximately 20 miles southwest of Sheridan, Wyoming on the Bighorn National Forest. The project proposes to improve the health and vigor of the project area by reducing the density of conifer trees (both commercial and non-commercial), reduction and rearrangement of hazardous fuels in the area, site preparation for young trees for future forests, and to manage travel access within the area by installing a gate, fence and their respective object markers and delineators. Stewardship authority would assist in the removal, masticating, or piling of non-merchantable sized materials within the designated areas and with the non/pre- commercial thinning of designated units to improve growth and vigor within these respective stands. It would also help with the gate and fence installation. Additional site preparation for reforestation through scarification efforts is also proposed for this project. All of these actions will reduce the risks of insect and pathogen infestations, reduce hazardous fuels arrangements and continuity, and provide a sustainable supply of commercial timber for the current entry and for the future.

C.3 SPECIFICATIONS

Specifications for each stewardship activity individually described by an item number on Schedule B.1.3 can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C. Appendix D is not included in this package.

C.4 CONTRACT AREA MAP

The boundaries of Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

C.5 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause 52.245-1 contained in Section I of the contract.

FS will issue

FS will issue

FS will issue

C.6 SUSTAINABLE PRODUCTS

C.6.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

1. Competitively within a time frame providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

4. Information about this requirement and these products is available at http://www.biopreferred.gov/ C.6.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

3. Information about this requirement is available at http://www.biopreferred.gov/FARReporting/FARReporting.xhtml C.6.3 Sustainable products identified for this solicitation:

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

C.6.3.1 Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

C.6.3.2 Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

C.6.3.3 Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

C.6.3.4 Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

C.6.3.5 Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

C.6.3.6 Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

Products that may be needed or used in the execution of your needs include hydraulic fluids, hand cleaners and sanitizers, 2-cycle engine oils, greases, chain and cable lubricants, corrosion preventatives, multipurpose cleaners, parts wash solutions, cuts, burns and abrasions ointments, and microbial cleaning products. All of these products can be found at http://www.biopreferred.gov/ProductCategories.aspx

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items

E.1 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): https://acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR 452.246-70 - Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E.2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM, WORK PLAN, SCHEDULE

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The Contractor shall develop and follow a Quality Control Plan (QCP). The QCP and Schedule will become a part of the awarded contract. Any changes to the submitted QCP and Schedule will be agreed to in advance by both the Government and the Contractor.

E.2.1 Quality Control Plan (QCP) The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The QCP must demonstrate how the Contractor will meet the requirements and specifications of the contract, and that work is progressing in compliance with specifications quality. The Contractor’s quality control inspection system shall be used in the administration of the requirements for all service work.

E.2.1.1 Treatment/Service Work Inspections The Contractor shall maintain a plot system that provides an unbiased sample of service work quality and which represents the entire area treated. The plot system may be consistent with the Government’s inspection method(s). The Government may observe or re-examine the Contractor’s plots at any time. Each project work item will be assessed separately and results will not be averaged with those of other items. The Contractor’s QCP shall provide the following:

1. How will you mark and identify plots on the ground and provide that information to the Government?

1. Describe your sampling method to provide unbiased inspections.

1. Your completed inspection sheets, including scoring, will be turned into the Government prior to requesting an inspection.

E.2.2 Work Plan and Schedule E.2.2.1 The Work Plan shall describe how the Contractor plans to perform the project, such as methodology and equipment that will be utilized. The work plan shall include a list of all employees/personnel working on this contract identifying each by their Occupational Code/ Job Title for work as it applies to this contract under the applicable Service Contract Act wage rate. The initial Work Plan shall be provided with the technical proposal and updated whenever any personnel changes or operational changes occur. All Subcontractors must also provide a list of all employees/personnel working on this contract identifying each by their Occupational Code/ Job Title as it applies to this contract under the applicable Service Contract Act wage rate.

E.2.2.2 The schedule shall provide the order in which units the Contractor plans to work with an estimated timeframe.

E.3 ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

E.4 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government will evaluate the quality of the contractor’s performance through oversight of the contract to ensure that quality levels reach the required levels of performance. By monitoring the contractor, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all project work items are specified in the Performance Work Statement Sections V and VII, appendix A, and supplemental specifications.

Random On-Site Inspections: The COR will evaluate the current levels of performance, according to the standards set forth in this contract at the direction of the CO.

Records Inspection: The COR will request and review the contractor’s inspection records and samples weekly.

SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items F.1 Clauses incorporated by reference.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

F. 2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Task Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than end date as specified on contract. The time stated for completion shall include final cleanup of the premises.

Timber or other products Removal activities shall be scheduled and carried out in accordance with the Timber or other products Removal Specifications in Appendix B and as approved by the Contracting Officer.

It is estimated that work will begin September 2014. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

Any restrictions on the Scheduling of Work for resource protection, etc. will be addressed in the Technical Specifications.

F.3 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through September 30, 2019 years after date of contract award.

F.4 SCHEDULES AND REPORTS

Contractor shall provide the following submittals within 15 days after issuance of a Notice to Proceed for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

All schedules and reports shall be submitted to both the CO and COR.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1 PAYMENT

Payment will be made for completed task(s) meeting or exceeding the AQL. Upon acceptance, payment will be determined on the service less any deductions for any nonconforming or unacceptable performance as noted below. Payments will be made for completed units. Partial payments may be negotiated in certain circumstances, discuss with the CO. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-1 – Payments, 52.232-5, Payments under Fixed Price Construction Contracts (Section I).

A signed payment certification must accompany all invoices for payment to be authorized. See Section G.7.

Invoices will be submitted to the Contracting Officer, with a copy to the COR.

Brenda Anderson, USDA Forest Service, R2 NT_RMAST, 1019 N Fifth St, Custer SD 57730-8214 or via email at bjanderson@fs.fed.us .

If you have questions, contact your Contracting Officer.

G.1.1 Final payments Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition. See also; H.8.1Bighorn Units, Camping.

A Contract release will be submitted with the final invoice.

Final Payment is determinant upon completion of all contract requirements including load tickets returned or resolved, and application of any credits or deposits for resolution of all timber accounts.

G.1.2 Payment Reductions for performance based Service Items.

G.1.2.1 Payments at 90% AQL or above The Government expects to receive good services. The minimum 90% AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least 90% AQL and above.

G.1.2.2 Payments at 81 to 89% AQL If the unit cannot/will not be reworked to achieve the minimum required 90% AQL, payment of 90% of the unit price will be made for AQL falling between 81 to 89% AQL.

G.1.2.2 Payments below 80% AQL If the unit cannot/will not be reworked to achieve the minimum required 90% AQL, payment of 90% of the unit price times the actual AQL received will be made for AQL falling below 80% AQL.

Example - 75% AQL is achieved. Unit price is $10,000.00 10,000 x 90% = 9,000 x 75% = $6,750.00 price to be paid for unit.

G.1.3 Re-Inspection Costs If rework of task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. Contractor is responsible for re-inspection costs when inspections exceed two inspections per unit. The table below lists charge rates for Government re-inspection of work.

*Mileage reimbursement rate in effect January 1, 2014 is $.56 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website http://www.gsa.gov/portal/category/104715.

G.1.4 Stewardship Credits and Timbersale Items.

The value of work completed and timber or other products removed will be documented in a Stewardship Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.2 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.3 PRODUCT PAYMENT GUARANTEE

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the Forest Service estimates will be cut or removed in not less than 30 calendar days and not more than 60 calendar days, plus the value of any outstanding charges for product removed.

Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

G.4 REIMBURSEMENT FOR BOND PREMIUMS

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

G.5 STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.6 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2.

G.7 CONTRACTOR CERTIFICATION

Monthly, as Stewardship Credits are established, the Contractor shall furnish the following certification (Contractor Certification - Earned Stewardship Credits) or credit will not be received. This same certification shall be submitted with invoices requesting payment.

CONTRACTOR CERTIFICATION – INVOICES AND EARNED STEWARDSHIP CREDITS

BABIONE STEWARDSHIP PROJECT

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name) (Title) (Date)

G.8 EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.9 EXCESS TIMBER OR OTHER PRODUCTS VALUE

In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

G.10 REFUND OF EXCESS CASH

If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

G.11 CONTRACTOR REPRESENTATIVES

The Contractor shall assign the following personnel, competent in task(s) to be completed, to the Contracting Officer prior to commencement of work:

Contractor Representative: The Contractor’s on-site representative shall be in the project area whenever work is in progress. The Representative shall have the authority to act for the Contractor.

Foreman/Woman: The Contractor’s foreman/woman shall be in the project area whenever work is in progress. The Representative and the Foreman/Woman may be the same person.

Inspector: The Inspector will not be a “working” member of the crew. That is, they will not perform service work tasks nor will they correct defaults found in inspection plots.

All work will be performed in an organized and systematic manner. Crew members will generally all be working in the same unit except when authorized by the Contracting Officer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

General Clauses and Provisions Pertaining To All Items

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at the Bighorn National Forest Headquarters located in the Forest Supervisor’s Office in Sheridan, Wyoming, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

H.2 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, timber removal report and appraisal, maps, access permits, etc.

H.3 Removed.

H.4 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.

H.5 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

"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.

(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.

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

H.6 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.

H.7 FSAR 4G52.222-704 Personal Protective Equipment 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.