AG67T0S150040.docx

RFQ AG-67T0-S-15-0040

Cone Collection Black Hills National Forest

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

752745

2. CONTRACT NO.

RFQ AG-67T0-S-15-0040

6. SOLICITATION ISSUE

DATE

July 13, 2014

Brenda Oster Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 605/673-9322

8. OFFER DUE DATE/

LOCAL TIME

July 31, 2014

USDA Forest Service Rocky Mountain Acquisition Service Team 1019 N. 5th Street Custer, SD 57730

|X| SMALL BUSINESS |_| WOMAN –OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

|_| SERVICE DISABLE VETERAN- |_| EDWOSB-

VETERAN-OWNED SMALL

BUSINESS |_| 8(a)

NAICS Code115310 Size Standard $7.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

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

Hell Canyon Ranger District 330 Mt. Rushmore Rd.

Custer, SD 57730

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO.

FAX NO.

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

|_| 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED |_| SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Black Hills National Forest Cone Collection

Please enter the number of bushels you would gather

Option 1 – Additonal Bushels

Option 2 – Additional Bushels

Option 3 – Additional Bushels Est. 800

Est. 500

Est. 500

Est. 500 Bushel

Bushel

Bushel

Bushel

Bushel

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

|_| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY 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 HEREIN |_| 29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

More than one contract may be awarded from this solicitation.

Please respond to the evaluation criteria as Identified in Sections L and M.

Contractor must be registered in the System for Award Management (SAM) (www.sam.gov) to be eligible for award of this project.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

|_| COMPLETE |_| PARTIAL

|_| FINAL

37. CHECK NUMBER

|_| 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.2/2012) BACK

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

RFQ AG-67T0-S-15-0040

Cone Collection Black Hills National Forest

PART I—THE SCHEDULE

SECTION C – TECHNICAL SPECIFICATIONS/GENERAL SPECIFICATIONS/PERIOD OF PERFORMANCE/UNIT DESCRIPTIONS/STATEMENT OF WORK

The Forest Service is in need of Ponderosa pine seed used to restore and reforest National Forest lands. The purpose of this solicitation is to secure commercial services for the harvest of mature seed cones in areas prescribed by the terms of this contract.

Work will be performed on the Hell Canyon, Mystic, and Northern Hills Districts of the Black Hills National Forest (Ranger Districts in South Dakota).

The contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished) and incidentals to perform all work necessary to select trees (if required) and to pick, bag, label, and deliver cones to the delivery point.

C.1.2 Location and Description.

The cones shall be collected from ponderosa pine trees on the Black Hills National Forest. All trees that are collected from must be located within the proclaimed boundary of the Black Hills National Forest. This is all within the Western High Plains seed zone. All cones shall be collected within the elevation range of 5000 feet to 7000 feet above sea level.

It is preferred that trees collected from be located on National Forest System lands. However, it is permissible to collect from trees located on non-Forest Service lands only if written permission from the land owner is delivered to the COR in advance of collection. Said permission must also include authorization allowing the Forest Service to enter upon the property to inspect the trees collected from. If this authorization is not received prior to collection, those cones will not be accepted.

C.1.3 Site Visit No site visit is planned for this project.

C.2 Definitions

Cone lot: The cones from a variety of trees, usually at least 20, from the same elevation band and within the same collection area.

Contracting Officer (CO): The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of their authority.

Contractors Officer’s Representative (COR): The COR is the on-site contract administrator for the Contracting Officer. The duties and responsibilities or a COR are defined in the letter of designation issued by the Contracting Officer after award.

Cut face: The exposed face of one side of a cone that has been cleanly sliced lengthwise along the cone axis exposing the inside of the cone and the seeds.

Mature seed: The actual seed condition will vary by species but in general seed is considered mature when the embryo fills 90% or more of the embryo cavity (most important criteria) and is a cream or pale yellow color. The surrounding storage tissue (endosperm) is a firm consistency and not a viscous milky condition. The seed coat and seed wing have darkened in color and is easily lifted from the cone scale.

Filled seed per cut face: a method used to determine seed yield which includes the count of seed on the cut face exhibiting the highest exposed filled seed count. Only seed that have been sliced open sufficiently so that the inside of the seed is readily visible are counted as exposed. Only seed containing storage tissue (endosperm) and that are sound are counted as filled seed. Seed that are not sliced open (i.e., the seed coat remain intact), are ignored.

Sound seed: Seed is considered sound when the endosperm and embryo are developing normally and there is no evidence of insect, disease, climatic or other types of damage.

Species Definitions:

PP Ponderosa pine (PIPO)

C.3 Government Furnished Property and Services.

The property and services that will be provided by the Government are as follows:

The Contractor shall return unused government supplies, maps, and forms to the Government to the same location they were delivered or as agreed to with the COR.

The Contractor may access the collection areas from forest roads indicated on forest travel maps. All roads should be drivable during the performance period; a high clearance or four-wheel drive vehicle, however, may be necessary, particularly under wet conditions.

The Contractor is not allowed to drive off of forest roads indicated on forest travel maps unless approved in advanced by the Contracting Officer or Contracting Officer Representative. Travel on designated closed roads is prohibited except with prior written permission of the Contracting Officer or Contracting Officer’s Representatives.

The Contractor shall be responsible for transportation of all equipment and supplies to the cone collection and delivery sites.

Walk-ins to some sites may be necessary, but generally should not exceed 1 mile.

C.4.2.1.2 The physical characteristics of the selected trees are indicative of the genetic makeup of the seed, thus the selected trees shall be equal or better than the average of the same species in the area and be healthy and vigorous. Physical characteristics that are desirable include:

· Dominant or codominant trees (tree crown extends above the general level of the canopy or forms the general level of the canopy) relative to the neighboring trees.

· Straight stem free from crook, sweep, spiral grain, and forking.

· Branch bases small in relation to the stem and branches should project horizontally or angle slightly upward. Do not collect from “wolfy” trees.

· At least 30% live crown ratio.

· Tree crown compact for the species but have a large area of foliage.

· Conical crown indicating the tree growing and is vigorous.

· Free from insect and disease damage.

· Tree age approximately 40 to 110 years old. (Very old and very young trees have poor sound seed production even when there are numerous cones.)

· History of past cone crops is desirable.

· Avoid trees that are isolated by trees of the same species by more than 100 feet (may be inadequately pollinated by other trees).

Cones shall be from the current calendar year, and meet the quality standards described in C.4.3.2.

The upper 1/3 of the tree crown typically has the best quality cones and should be the priority for collecting. The lower portions of the tree may be allowed by the COR when large collections are needed and the cones meet the quality standards.

per Cut Face

Due to past drought seasons and unknown Cut Face Seed, the Government may at its option, reduce the minimum number of filled seed per cut face at the time of collection.

Cones are live plant material and as such shall not be handled roughly or exposed to damaging conditions. Bags of cones shall not be dropped and shall be protected from moisture and heat. Cones must not come in contact with petroleum products such as oil and gas in the back of a pickup truck.

C.4.3.4 Cleaning and Bagging Prior to delivery, a maximum of one bushel may be put in the Government provided bag to allow cones to expand during storage. Bags shall be free of debris (such as twigs, needles, cone stems, cones of other species or tree source). All bags shall be tied securely shut approximately three inches from the top of the bag. The bags must be tied shut with only string or twine: no wire is allowed to tie bags. Only cones that meet the quality standards shall be included in the bag.

C.4.3.5 Cone Tags For each tree, the Contractor shall prepare two general collection cone tags as per Section J. Information shall be legible through both layers of the cone tag, and be in permanent ink. One tag shall be placed inside the bag at the top, and the other securely fastened on the outside of the closed bag.

C.4.3.6 Delivery.

Cones shall be delivered to Tepee work center on the Hell Canyon Ranger District approximately 19 miles west of Custer, South Dakota along highway 16 as soon as practical after bagging the cones. Cones shall be protected from moisture and drying conditions. Cones and cone bags that are wet will be rejected.

C.4.4 Crew Safety.

The Contractor shall prepare a Safety Plan, which addresses the hazards of the work site. The Contractor shall identify the specify conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

If climbing, the contractors shall comply with the safety requirements of:

· FSH 6709.11 - Health and Safety Code Handbook, section 22.49

· Forest Service National Tree Climbing Guide (Technical Report 0567-2819-MTDC, March 2005; found at http://www.fs.fed.us/treeclimbing/policy/guide/tree-climbing-field-guide-2005-edition.pdf.)

The handbook can be found in Section J. At the request of the Contractor, alternative procedures may be approved by the Contracting Officer that meet the intent of Forest Service safety requirements, but differ in actual practice.

The Contractor shall follow all Federal, State, and local safety laws and regulations applicable to the contract work to be performed.

Failure to meet safety requirements will result in an immediate work shut down until requirements are met.

Contractor assumes all risks of loss or damage to his/her equipment and injury to self or employees, and will hold and save the Government and its employees harmless from liability of any nature or kind resulting from performance of this contract, except for negligent acts of Government employees.

C.4.5 Communications The Contractor shall keep the Contracting Officer’s Representative advised as to where the Contractor can be reached prior to start of Contract Time.

SECTION D – PACKAGING AND MARKING

(No clauses in this section.)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Contractor Quality Control The contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 10 days before start work based on the items awarded to the Contractor.

The QCP must demonstrate how the Contractor will assure quality meet the requirements and specifications of the contract. It shall describe how quality will be monitored to assure that cone collection meets the standards for tree selection, collection, testing of cones, safety and other associated tasks.

Cone quality inspection shall include tests from at least 5 cones from the area of the crown being collected from and demonstrate that seeds are mature and the average number of mature filled seed meets the minimum quantity described in C.4.3.2 2, and meet the other quality requirements. These test cones shall be provided to the government in a separate bag identified and delivered with the appropriate bag of cones. The test cones may be in addition to that made just prior to the cone collection and if so should be identified as such.

E.2 Work Plan and Schedule The Contractor shall provide a work plan and schedule that demonstrates how the work can be completed within the performance time. The Contractor shall advise the COR of the next day’s work area to allow for Government quality assurance.

E.3 Acceptance E.3.1

The Government will accept all cones which meet the standards in C 4.3 and F.2.

E.3.2

Collections which fail to meet the above requirements will not be acceptable. When rework is possible, the Contracting Officer may allow rework. When rework is not possible, then the affected bags of cones will be rejected. All rework will be at the expense of the Contractor.

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

SECTION F--DELIVERIES OR PERFORMANCE

F.1 Performance Period

Due to the nature of cone collection, it is imperative that work be started promptly after conditions for collecting becomes suitable. Proposed start date will be on August 30, 2015. Some variance will occur in approximate start dates due to the uncertainty of cone ripening. The Government will issue a Notice to Proceed as soon as cone conditions are favorable for work. The count of contract time will start on the date specified on the Notice to Proceed.

Work will commence no later than 2 days after the effective date of the Notice to Proceed.

The Contractor shall maintain progress at a rate, which will assure completion within the contract time indicated in the contract. Progress shall be according to the schedule provided by Contractor and approved by the Contracting Officer.

If the Contractor’s progress falls behind for more than 10 percent, the Contractor’s right to proceed may be terminated if satisfactory progress is not attained within the time specified in a written notice. Such notice may be in the form of a Work Order and shall allow no more than 2 working days for corrective action to be completed. Contracting Officer may suspend work and stop contract time when no trees with cones in suitable condition for picking are available.

During the period this solicitation is being advertised and prior to award, the Forest Service will be monitoring the cone crop to determine seed acceptability. Should insects, disease, animals or other factors affect the crop, the number of bushels or trees, or the collection areas may be altered prior to award.

The decision of the Contracting Officer that the collection season is ended will be final. If the Contracting Officer closes the season prior to the estimated closing date, the Contractor will be paid for the number of bushels collected that are satisfactorily completed and accepted.

Optimum cone collection timeframe is from 30 to 45 days not to exceed October 31, 2015.

C.4.3.2

C.4.3.3

Cone care

C.4.3.4

Cleaning, and bagging

C.4.3.5

F.3 Post Award Conference Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms, and work performance requirements. At this meeting such things as work progress schedule, quality control, camping/worksite plan, and Safety Plan shall be finalized in writing.

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/

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

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Quantity of Measure

Cone quantity shall be measured to the nearest 1/10th bushel, with a maximum of one bushel per bag. One bushel of cones may be measured in a one-bushel container to the level top. One bushel = 8 gallons. Cones that do not meet the requirements of C.4 will not be included in the measurement. Cones not meeting standards remain the property of the Government.

G.2 Payment Contractor will be paid for the number of bushels collected that are satisfactorily completed and accepted. The estimated numbers (quantities) shown is not a guarantee of payment. Payment may be delayed or reduced or reduced if work is not completed according to performance objectives.

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 a location to be determined.

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 contained elsewhere in the contract.

See Section C.3

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FIRE PREVENTION AND CONTROL

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

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

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

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

(b) Fire Prevention –

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

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

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations.

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

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

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

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

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

WASHING EQUIPMENT

In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative or Foreman capable of speaking fluent English.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Safety Plan

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(b) The Safety Plan should be available to all employees and subcontractors working on the contract.

(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

TRAVEL MANAGEMENT AND MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT

Register of Wage Determination No’s. 1979-1157, Rev. 41, dated 02/23/2015 is made a part of this solicitation and any resultant contract. Classification determination for applicable labor furnished under this contract is the responsibility of the contractor. The highlighted classifications must be posted at the worksite with the applicabable poster when operations are underway.

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

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (DEC 2014)

ADDENDUM TO FAR 52.212-4

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

FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause)

FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 90 calendar days.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (FEB 2012) ALTERNATE I (FEB 2012)

(a) This award is 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. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to 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, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 30 calendar days after the date of contract award. The conference will be held at a mutually agreed upon location.

Note: The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

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 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, 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.

(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

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

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.

4G52.222-705 Camping Provisions For Labor…