RFP_Feral_Cattle_Gather_2009.doc

SERVICE RFP

SOL NO AG-8173-S-09-0020

UNIT APACHE-SITGREAVES NF

PROJ NAME CLIFTON RD FERAL CATTLE GATHER 2009

UNDER DPAS (15 CFR 700)

SEALED BID (IFB)

NUMBER

FORMCHECKBOX

NEGOTIATED (RFP)

8. ADDRESS OFFER TO (If other than Item 7)

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

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

wabbott@fs.fed.us

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

X

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A.

NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

10 U.S.C. 2304 (c) (

FORMCHECKBOX

41 U.S.C. 253(c) (

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR PROPOSALS (RFP)

· _____ Request For Proposals (RFP) Return Package (Be sure to include Return Packet and Technical Proposal (Past Performance and Technical Capability, See Section M) in the same package submitted as an offer to this RFP.

· _____ Register or maintain yearly registration in CCR/ORCA (Make sure your firm has entered NAICS code 115310 as one of its specialty areas of work in CCR)

· _____ Provide your Taxpayer Id Number (TIN)________________________ (Note: The TIN number you supply must match the TIN number you supplied in CCR, which maybe your EIN or SSN)

· _____ Provide your DUNS number____________________

· _____ Be certain to complete the clauses in SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS;

· _____MSWPA Number ________________ (Migrant Seasonal Worker Protection Act Number, if applicable to work being performed)

· _____ RFP Return Package should be mailed at least 5 (five) full business days before the Closing Deadline (Note: Couriers and USPS do not consider the 85938 Zip Code as an overnight destination, it usually takes two or three days to receive any package sent by Overnight Courier or USPS Express Mail).

NOTE: ALL VENDOR INFORMATION SUBMITTED ON THIS PAGE SHALL REMAIN CONFIDENTIAL AND USED ONLY AS NEEDED BY THE CONTRACTING OFFICER AND OTHER FEDERAL REPRESENTATIVES FOR THE ADMINISTRATION OF THE AWARDED CONTRACT.

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BASE LINE ITEMS:

Qty

OPTIONAL LINE ITEM:

Optional Item No.

Qty Unit of Measure

(See Paragraph C2.2)

PRE-PROPOSAL MEETING

DATE:

THURSDAY, AUGUST 6, 2009

TIME:

10:30 A.M. (MST)

LOCATION:

CLIFTON RD OFFICE

397240 HWY 75 (JCT HWY’s 75, 78, & 191)

DUNCAN, AZ 85534-8134

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION C1 - GENERAL

C1.0 GENERAL SCOPE

The Apache-Sitgreaves National Forests has a requirement for services to gather, corral, and transport feral cattle that are not authorized for grazing on the Clifton Ranger District, Duncan, AZ. The Government anticipates awarding a Firm Fixed-Price contract, which shall constitute the entire agreement, including all terms and conditions applicable to the awarded contract. The awarded contractor may be required to be registered with the Department of Labor under the Migrant and Seasonal Workers Protection Act.

C1.1 SCOPE OF WORK

The Contractor shall furnish all labor, supervision, permits (Federal, State, and Local), horses, All Terrain Vehicles (ATV), livestock trailers, tack, equipment, supplies, transportation, and incidentals required to successfully gather, corral, transport gathered cattle to Livestock Sale Barn, that is approved by the Contracting Officer or the Contracting Officer’s Representative (COR). All aspects of the work of the contract shall be performed in an organized, professional, and systematic manner in strict accordance with all terms and conditions contained herein. The Contracting Officer reserves the right to require the Contractor to remove Contractor employees that are not performing the work of the contract in proper manner or whose behavior in the project is deemed by the Contracting Officer as unacceptable.

All equipment and vehicles shall be in compliance with appropriate Federal and State laws and regulations, and be designed for the safe and humane transportation of livestock. The work shall be accomplished in a safe manner and be in accordance with the provisions of P.L. 92-195, P.L. 86-234 (See attachments in Section J) and applicable state laws.

The work shall require the gathering, corralling, and possible transport of approximately 200 head of unauthorized cattle from the East Eagle, Mud Springs, Strayhorse, and AD Bar Allotments. Care shall be exercised in gathering, corralling, and transporting cattle. Any head of cattle and/or other livestock that die or are damaged in the gathering, corralling, and/or transporting process, shall not be included in the official animal head count for payment purposes. Since it is not possible to determine the exact number of cattle, the following variation in quantity clause applies to the award of any contract from this Request For Proposals (RFP).

C1.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer (CO) before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified. (End of clause)

C1.3. CONTRACTOR REPRESENTATIVE

The Contractor shall provide a Contract Representative who is readily available to the project area for the performance of work. The name of this person and an alternate who shall act for the contractor when the contractor is absent shall be designated in writing to the Contracting Officer. The Contractor Representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor Representative and alternates are required to communicate (reading, writing, speaking, comprehending) in English.

C.2.0. PROJECT LOCATION AND DESCRIPTION

C2.1. LOCATION

Location of the gather area is on the East Eagle, Mud Springs, Strayhorse, and AD bar allotments (see map). Hagan corral, a possible holding corral/shipping point, is located at approximately mile marker 216 on Arizona State Highway 191. Known populations of unauthorized, feral cattle reside in areas directly adjacent to Hagan corral, Strayhorse work center, Raspberry Creek, and East Eagle creek. Additionally, trailers that exceed 40 feet, are not permitted to travel south of approximate mile marker 215 on highway 191. Best available routes for shipping from Hagan Corral are north along state highway 191.

The access to the project area can be over dirt and primitive roads which may require a 4-wheel drive vehicle; a vehicle with low clearance will most likely have a problem getting over large rocks and using the unimproved roads. Drivers should expect sharp curves with no shoulders and drop-offs on parts of the outside of the road. Drivers should maintain cautious traveling speeds and be aware that wildlife does inhabit nearby areas and may be encountered.

C2.2 LOCATION OF FERAL CATTLE:

East Eagle, Mud Springs, Strayhorse, and AD Bar Allotments are the primary areas for gathering feral cattle.

Option Line Item O1.1: If feral cattle are observed on other areas that are proximate (adjacent to areas affected by the Chitty, Eagle, KP, Hot Air, or Squaw fires) to the project work area of the National Forest, the CO may request to add the gather of these animals to the contract. The request shall only be made in writing, by letter from the CO or Administrative Contracting Officer (ACO). The price quoted in Line Item No. 1 of the Contractor’s awarded offer will be used to pay for these additional animals. An equitable adjustment (increase) of up to ten (10%) percent of price quoted in Line Item No. 1 may be added if the Contractor has to expend additional effort above and beyond the normal level to retrieve the feral cattle that are in these adjacent sites.

C2.4 TRAVEL AND TRANSPORT:

C2.4.a Travel within unit. General project areas may be reached by using National Forest Roads, State, and County roads as shown on vicinity and projects maps. Most roads are accessible between the months of April through October, though four-wheel drive, high clearance vehicles may be necessary on some roads. The Government assumes no responsibility to maintain roads in passable condition. Many interior logging roads have been closed i.e., heavily water barred, washed out, or covered with down wood debris and dead trees. The Contractor may transport crews and equipment from the access point or portions of the project area at the Contractor’s discretion consistent with any restrictions on motorized or other vehicle type specified with COR approval. Some allotments may be located within designated wilderness, primitive or inventoried roadless areas where motorized or mechanized transport is prohibited. These areas will be identified at the Post-Award Conference and throughout the progress of work for this contract. The Contracting Officer (CO) or Contracting Officer’s Representative (COR) may restrict use of any road or area on the forest when such use will cause damage to resources.

In cases where areas are behind locked gates, the Contractor shall close and lock gates after entering or exiting the area and will be subject to all other restrictions of administrative use.

All Terrain Vehicles (ATV) or other Off-Highway Vehicles (OHV) may be used where such use can be accomplished safely, and without damage to resources. During contract performance the Contracting Officer (CO) and or Contracting Officer’s Representative (COR) may exclude certain areas from ATV travel. The CO may restrict use of any road when such use of road will damage resources. A travel access permit may be required to use closed roads or to travel cross country using ATV’s or OHV’s.

Some work areas may include areas burned in wildfires, snags and burned trees are present along with stump holes and other hazards. Wind creates a potential for blow down trees or falling woody debris.

C2.4.b Air Transport Air Operations are not allowed under this contract.

C3.0 TECHNICAL SPECIFICATIONS

C3.1.a SPECIFICATIONS: The work consists of the removal of approximately 200 head of unauthorized cattle from the East Eagle, Mud Springs, Strayhorse, and AD bar Allotments. The feral cattle are to be captured and removed using conventional methods such as herding, roping the animals, utilizing cow dogs, and then leading or driving the animals to the temporary corrals designated in Section J, List of Attachments.

C3.1.b Contractor shall exercise caution to gather, corral, and transport feral cattle humanely. It is anticipated that this work will be done on horseback. While pursuing and catching these animals, some animals may be injured. It is expected that some animals may be destroyed. The humane disposal of injured or crippled animals will be the responsibility of the contractor; see below for explanation of livestock destroyed in the open range versus in a temporary shipping corral. Animals that must be destroyed prior to reaching the corrals must be buried, if possible, as indicated below in the Special Standards section.

C3.2. SPECIAL STANDARDS

C3.2.a Once captured, animals shall not be tied down for more than 4 hours. Once captured, animals shall not be tied to trees or other stationary objects for more than 24 hours without being provided feed and water. If captured animals are tied to drags or sidelined, they shall be checked to insure they have not become entangled at least once every 24 hours. When captured animals are tied up, the contractor shall not tie them where the general public would likely encounter the livestock.

C3.2.b The contractor shall not be allowed to construct trails, traps, wings, or holding facilities unless authorized by the COR prior to the construction. If structures are authorized, they must be removed prior to the final payment of funds to the contractor. Final payment may be withheld until all temporary structures have been removed to the satisfaction of the COR.

C3.2.c In the event that the contractor accidentally kills or has to dispose of any animals, the contractor shall provide the following information regarding these animals: descriptions of brands if present, sex of animal, approximate age of animals, location of carcass, and photographs of animal as described above. Dead animals shall not be left near water or trails. The contractor is expected to move animals that are destroyed to an area away from where the general public is likely not to encounter them.

C3.2.d Springs, or other sources of water shall not be rendered unusable for animals in order to aid in the capture of the unauthorized cattle.

C3.2.e Salting shall be allowed to attract or locate the unauthorized cattle.

C3.2.f . Creasing or other practices that intentionally injure animals so that they can be caught shall not be authorized. Use of tranquilizers shall require prior approval by the COR.

C3.2.g The contractor may set up long-term camps and pasture their stock in designated areas approved by the COR.

C3.2.h The contractor shall pack out and dispose of, at an approved facility, all garbage and other unwanted items that are the results of the contractor's activities.

C3.2.i Any hay fed on National Forest land shall be certified weed free hay and must be approved by the COR prior to use to insure that the hay does not contain noxious weeds.

C3.3. TECHNICAL DEFINITIONS

C3.3.a Feral Cattle – Any unclaimed cattle, that may or may not be branded.

C3.3.b Animal unit, Head, – Any feral cattle (defined as yearlings, bulls or cows), shall be counted as one head for the purpose of payment and for determining the number of livestock to be removed. Calves shall be counted with the mother cow as one unit.

The Contractor shall be responsible for the transportation to the designated Livestock Sale Barn (includes trucking of livestock) of all cattle gathered under the awarded contract.

C4.0. GOVERNMENT-FURNISHED PROPERTY AND SERVICES

C4.1. Access: Access to the East Eagle, Mud Springs, Strayhorse, and AD bar shipping corrals will be provided to the awarded Contractor for the duration of the performance period. Primary shipping shall take place from Hagan corral as it is centrally located, and not affected by authorized livestock operations.

C4.2. Maps: See Section J, Attachments for an overview map of the area where performance will be located. Upon request from the awarded Contractor, the Government may provide additional detail maps that become necessary.

C4.3. Shipping Corrals: The Government shall provide the fencing materials for the shipping corrals. Any additional fencing materials will be provided by the Government.

C4.4. Feed & Water: The Government shall make available, to the Contractor, water to be transported by the Contractor from Strayhorse Work Center to Hagan corral. The contractor shall provide necessary feed for gathered cattle prior to shipping.

C4.5. Livestock Inspection: The COR or their designee will act as the liaison with the State of Arizona Livestock Board inspector’s office and will advise the contractor when inspection is completed and cattle and/or other livestock are ready for transport.

C4.6. Regulations: Copies of any Federal laws or regulations referenced herein may be obtained from:

USDA Forest Service; Apache-Sitgreaves National Forests Headquarters, 30 S. Chiricahua Drive, Springerville, AZ 85938.

C5.0. CONTRACTOR-FURNISHED PROPERTY AND SERVICES

C5.1. The Contractor shall furnish all labor, supervision, permits (Federal, State, and Local), horses, All Terrain Vehicles (ATV), livestock trailers, tack, equipment, supplies, transportation, and incidentals required to successfully gather, corral, transport gathered cattle to Livestock Sale Barn, that is approved by the Contracting Officer or the Contracting Officer’s Representative (COR). All aspects of the work of the contract shall be performed in an organized, professional, and systematic manner in strict accordance with all terms and conditions contained herein. All equipment and vehicles shall be in compliance with appropriate Federal, State, and Local laws and regulations, and be designed for the safe and humane transportation of persons and where applicable, animals. The work shall be accomplished in a safe manner and be in accordance with the provisions of P.L. 92-195, P.L. 86-234 (See attachments in Section J) and applicable state laws.

C5.2.a The Contractor shall provide all fuel, oil, tires, and any required maintenance or repair for Contractor-Owned Vehicles (COV). Any COV that becomes inoperable and left on National Forest Lands or Road Systems shall be removed by the Federal Government at the Contractor’s expense.

C5.2.b The Contractor shall provide all feed, water, and humane care to Livestock necessary to perform the gathering of feral cattle successfully.

C5.2.c If the Government provides the Contractor with any supplies or services not enumerated as Government Furnished in this RFP, the Contracting Officer shall deduct the reasonable cost of such supplies from payment of Contractor’s Invoice.

C5.4 The contractor shall notify the Contracting Officer’s Representative (COR) (designated in writing), each day that livestock are brought to one of the designated holding facilities and report the number gathered and a description of the livestock.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242.15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from date of Notice-To-Proceed through Twenty (20) calendar days to completion of contract.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1.0 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.

G.2.0. INVOICES, PAYMENTS, AND ACCRUALS

All payments for services rendered shall be made by proper invoice. The successful offeror will be provided FS-6300-30, Contract Payment Estimate and Invoice, form at the Pre-Work Conference prior to issuance of any task orders. The Government may introduce total electronic invoicing at some point during the life of contracts awarded from this RFP. Total electronic invoicing will allow contractors to submit an invoice on-line (via internet) or by fax or mail to a designated third party agent or vendor that will verify the accuracy of the invoice and either accept or reject the submitted invoice on a timely basis.

It is the Contractor’s responsibility to submit a proper invoice as required in FAR 52.232-25(3). At a minimum, a proper invoice shall contain the following:

· Contractor name and address that matches CCR database

· Invoice date and Invoice number (unique for each submission)

· Contract Number and Task Order Number

· Line item descriptions that match the Contract Line Item Number (CLIN), reference the CLIN

· Name and address of Contractor’s official to whom payment shall be sent (from awarded contract)

· Name, address, phone number, and mailing address of Contractor’s representative to be notified in event of defective invoice

· Any other terms and conditions required by contract for proper invoice

G.3.0. CONTRACTOR REGISTRATION PROCESS ------- DUNS/CCR/ORCA ---------- REQUIRED:

All vendors who wish to do business with the Department of Agriculture (USDA) Forest Service must first be registered in the Central Contractor Registration (CCR) database and complete the Online Representations and Certifications Application (ORCA).

· All vendors, including individuals, are required to obtain a Data Universal Numbering System (DUNS) Number, a unique, nine-character identification number provided by Dun & Bradstreet (D&B). If you do not already have a DUNS number, call D&B at 1-866-705-5711 to obtain your free number. The process takes about 10 minutes and is free of charge. You can view instructions for obtaining your DUNS number at www.ccr.gov/pdfs/DUNSGuideGovVendors.pdf . You must have a DUNS number to register in CCR.

· Using your DUNS number, register with the Central Contractor Registration (CCR) database. Go to their website at www.ccr.gov (preferred method) or call the CCR Assistance Center at 1-888-227-2423 to obtain a hard copy registration form. Also call the CCR Assistance Center if you need help while navigating the website. YOU MUST HAVE AN ACTIVE REGISTRATION TO BE AWARDED A PROCUREMENT ACTION. You must update your registration whenever you change phone numbers, address, banking information, etc. or at least annually to keep it active.

· Once you register, the CCR administrators will mail you a Trading Partner Identification Number (TPIN). You must have your DUNS number and TPIN to update your registration. Keep these in a safe place where you can find them. If you misplace or forget your TPIN, go to www.ccr.gov , click on Register in CCR, click Update/Renew, click CCR Update TPIN. In the large green box at the top of the screen you will see “Don’t know your TPIN? Click here for TPIN letter request.” A new TPIN will be mailed to you at the address you used in CCR. Do NOT give anyone your TPIN or MPIN numbers.

· Make sure you use the same federal Taxpayer Identification (TIN) in CCR that you use to do business with the government. This may be a social security number for individuals or sole proprietors and an Employer Identification Number for others. It must be the same TIN you use to pay taxes for your business to IRS.

· For vendors responding to a solicitation, a Blanket Purchase Agreement (BPA) or an Emergency Equipment Rental Agreement (EERA) the Federal Acquisition Regulation requires the use of the Online Representations and Certifications Application (ORCA) as part of the proposal submission process. To register in ORCA you must have two items: an active CCR record and a Marketing Personal Identification Number (MPIN) identified in your CCR record. Your DUNS number and MPIN act as your company’s ID and password into ORCA. To enter your information via the Internet go to https://orca.bpn.gov .

· Provide your TIN number and DUNS number to the contracting office with whom you are doing business. The office will go on line to verify your active registration in CCR and ORCA. If you have not completed BOTH registrations, you may be excluded from consideration for an award or agreement.

· NOTE: If you make any changes to your address, phone or bank account information in CCR, be sure to notify any federal offices with whom you do business so they can have your finance record updated. If your finance record is not updated, payments will continue to be routed to your old bank account.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1.1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

· CONTRACTOR REPRESENTATIVE

· INSPECTOR / FIRE GUARD

(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.

H2.0. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

H2.1. 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.

H2.2. 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, pre-commercial 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.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

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

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

(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.

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

H2.3. 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.

H2.4.

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.

H.2.5.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (SEE ALSO C.4.7)

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:ABC 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.

H3.0 INDUSTRIAL FIRE PLAN

The following requirements are a part of this solicitation and any resultant contract, and shall be provided at the Contractor’s expense:

1. Wildfire Prevention – During periods of contract performance, fire prevention and immediate suppression actions shall be performed by the Contractor.

2. Execution of Industrial Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s Representative (COR) except in cases of emergency, Red Flag Days, or Forest closure.

b. The Contractor shall designate a Fire Guard, fluent in English, who shall be responsible for executing and carrying out the Industrial Fire Plan requirements. The name of this representative will be provided to the COR at the pre-work meeting.

c. The Contractor shall include the Industrial Fire Plan requirements in all subcontracts.

d. The Contractor shall assure that all contract employees are informed of the existence and conditions of the Industrial Fire Plan requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the Contractor will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections are approved by the COR.

c. The Contractor’s Fire Guard shall make daily inspections to insure that the terms of the Industrial Fire Plan requirements are met at all times, both on the job-site and in the Contractor’s camp.

4. Fire Pre-Suppression Requirements

a. Fire Toolbox - During contract performance, the Contractor shall furnish and maintain, at the Contractor’s expense, one mobile Fire Toolbox, within ¼ mile or less of the location where the Contractor is currently performing work and camping.

The fire toolbox is to be maintained with tools in good condition, in such quantities and mix to provide a fire tool for each person in the Contractor’s workforce. This equipment is for the sole purpose of firefighting: a mix of three shovels, size 0 or larger, one axe, two fire rakes, two Pulaskis, and two 3-5 gallon hand pump garden sprayers or backpack pumps filled with water. Where appropriate, a chainsaws may be substituted for the axe; a McLeod tool or heavy duty garden rake for a fire rake, and a heavy duty garden wide hoe or other sturdy digging/scraping tool may be substituted for the Pulaski.

The fire toolbox shall be replenished with re-sharpened, reconditioned, or new tools by the Contractor after each use.

b. Work Hours – The Contractor shall restrict operations in accordance with the following Industrial Fire Plan level unless the COR waives the requirement in writing. Each day of operation when there is a predicted change in the Industrial Fire Plan level, the Forest Service will inform the Contractor between 3 and 6 pm MST (4 and 7 pm MDT). Notification will be made of the alphabetical industrial fire precaution plan (Supplement 1) to be followed the next day within the local operating area.

No later than 9 am MST (10 am MDT) the following day, the Forest Service will inform the Contractor of any change in the fire precaution schedule. In the case of Red Flag Days, the Forest Service will inform the Contractor as soon as possible after the National Weather Service issues their high wind warning for that day, which often comes after 9 am MST.

c. Blasting – Use of caps and safety fuse detonators for blasting is not permitted during periods when fire precaution plan C, or D, or Red Flag is in effect. A Fire Guard shall be required in accordance with the Industrial Fire Plan level (see Section H.3.0.). This individual, when required, shall remain on duty to check for fires for at least 1 hour after blasting is finished. Required equipment shall consist of at least one 5 lb. fire extinguisher, one shovel, size 0 or larger and one 3-5-gallon hand pump garden sprayer or backpack pump filled with water. Blasting hours are restricted under fire precaution plan C; and blasting is prohibited under fire precaution plan D and on Red Flag days.

d. Welding –Written permission must be obtained from the COR during fire precaution plan B, C, and D.