S-10-0163 B-M.docx

SECTION B – SERVICES AND PRICES

RIGID TUBE MAINTENANCE AND REPLACEMENT

Kootenai National Forest Libby Ranger District

B-1 SCHEDULE OF ITEMS

ITEM NO. 101 –RIGID TUBE REPLACEMENT UNIT - 2010

Subitem Unit Name Unit Number Qty. Unit Unit Price Total Price__

101.1 Upper Pipe D40 51404015 27 Acres $_________ $__________

101. 2 Upper Pipe D37 51405005 24 Acres $_________ $__________

101.3 South McSwede 28 54002046 30 Acres $_________ $_________

101.4 North McSwede 19 52502017 48 Acres $_________ $_________

101.5 North McSwede 8 52502045 33 Acres $_________ $_________

101.6 North McSwede 10 52502050 29 Acres $_________ $_________

101.7 North McSwede 77 52502077 6 Acres $_________ $_________

101.8 North McSwede 23 52901017 19 Acres $_________ $_________

101.9 North McSwede 74A 52901100 18 Acres $_________ $_________

101.10 North McSwede 33 52902039 33 Acres $_________ $_________

101.11 North McSwede 34 52902051 33 Acres $_________ $_________

101.12 North McSwede 38A 52904140 15 Acres $_________ $_________

101.13 North McSwede 26 52601012 19 Acres $_________ $_________

101.14 North McSwede 2 52604040 5 Acres $_________ $_________

101.15 North McSwede 3 52604041 6 Acres $_________ $_________

101.16 North McSwede 7 52604042 12 Acres $_________ $_________

101.17 Lookout Below 1 52901008 68 Acres $_________ $_________

101.18 Swede McMillian 50 52902035 7 Acres $_________ $_________

101.19 Sheldon Heights 11 51701023 47 Acres $_________ $_________

101.20 Sheldon Heights 11A 51701024 45 Acres $_________ $_________

101.21 Zeigler Heli 3 55409024 9 Acres $_________ $_________

101.22 Zeigler Heli 7 55409028 39 Acres $_________ $_________

101.23 Zeigler Heli 3 55409094 4 Acres $_________ $_________

101.24 Zeigler Heli 4 55409107 24 Acres $_________ $_________

101.25 Back to Back Jack 3 55203007 15 Acres $_________ $_________

101.26 Bristow 28 55409035 48 Acres $_________ $_________

TOTAL PRICE BID ITEM 101 663 Acres $_________

B-2 AWARD DETERMINATION: AWARD WILL BE MADE BY ITEM. Quotes will not be accepted for any quantities less than those specified within each sub-item, and must also be submitted for the Total Bid Item.

B-3 EVALUATION OF QUOTES: The government will award one contract from this Request for Proposals to the responsible offeror (s) whose proposal, conforming to the solicitation, will be most advantageous to the Government. Award will be made on a Best Value basis considering past performance, experience, capability, capacity, price, and overall cost to the Government.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 PROJECT DESCRIPTION AND LOCATION.

C.1.1 Description - This contract requires replacement of already installed older rigid tubes that may need replacement of the rigid tubes or rotten bamboo sticks that support the plastic tubes. Rigid tube maintenance involves weaving bamboo through the rigid tube plastic webbing two times and then placing the tube over a seedling and pounding the bamboo into the ground 4” with a piece of slash or other hammer device. Rigid tube maintenance also involves untangling trees that have into and/or though tube. Tubes removed from a dead seedling and not reused in the same unit must be carried down to the nearest driveable road and stacked in a pile for pickup by the Forest Service later. The person doing the maintenance sometimes has to work on uneven ground where the footing in not the best and the slash is slippery and on steep slopes and during all types of adverse weather conditions.

The Government supplies the tubes and bamboo that needs replacement. The Contractor furnishes the labor, supervision, transportation and incidentals to complete tuber maintenance. The Government supplies for the Libby R.D. will be located next to the tree cooler at the Canoe Gulch Ranger Station. Payment is by the acre of maintenance for each unit and bid item.

Permission to work behind a gated road closure and gate key shall be obtained from the Libby Ranger District prior to working behind closed gates.

C.1.2.2. The period of performance will be from approximately May 1, 2010 to October 15, 2010.

C.1.3 Location - The work is located on Libby Ranger District of the Kootenai National Forest. The work site, access to the area, method of work, size of units, and other information pertinent to each rigid tube maintenance unit is listed on the attached vicinity map or project maps, (Section J) and are available at the Libby Ranger Station.

C 1.3.1 Access Roads will be open/closed as shown on the current Libby Travel Access Map which is available at the Canoe Gulch Ranger Station.

Pre-Proposal Conference – A pre-proposal conference in not scheduled. Contact Anne Weber 406-283-7584 at the Canoe Gulch Ranger Station for additional information regarding a site visit, within two (2) weeks prior to the due date for submission of offers.

C-2 DEFINITIONS.

Access Point. The point identified for access to reforestation maintenance areas.

Calendar Days. Every day shown on the calendar, Sundays and holidays included.

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

Contract Time. See Period of Performance.

Crop Trees: Live planted trees of the species designated for each unit by COR. These will be the only trees that are to be netted and will typically be planted 1-4 year-old or older Ponderosa.

Lateral Branch: All tree branches growing generally at an angle to the main stem of each tree.

Maintenance Units: Units having had a previous installation of materials. This involves the combination of maintenance and replacement of existing materials. In some cases, treatment will be of all previously installed materials.

Period of Performance (also Performance Period or Contract Time). The number of calendar days allowed in the contract for completion of contract work.

Terminal Bud: The vegetative bud on the tip of the main stem of a tree, usually the highest part of the tree.

Terminal Leader: The topmost portion of the main stem extending from the top lateral branch, or whorl of lateral branches, upward to the terminal bud.

Rigid Tubes: 24-36 inch rigid seedling protection tubes will be installed or maintained using one –two pieces of bamboo stakes attached with zip strips or woven through the tubing on opposite sides of the tube. Stakes will be forced into the ground to a depth of 4-6 inches.

Whorl: One of a series of lateral branches radiating from a single height along the main tree stem.

C-3 GOVERNMENT FURNISHED PROPERTY

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

Canoe Gulch Ranger Station

C-4 TECHNICAL SPECIFICATIONS

C4.1 Rigid Tube Maintenance and Replacement

C4.1.1 Rigid tubing shall be secured on bamboo stakes around trees to protect young seedlings from being browsed by big game. Tubes shall be at least 1 inch taller than the tree, and shall be secured close to the ground to prevent animals from browsing the seedling. Rigid tubing is 24 inches tall. If crop tree is 29 inches tall rigid tubing will be placed so the top of the tube is even with the top of the tree and the bottom of the rigid tubing is 1- 4 inches from the ground. Refer to Section J for a diagram of properly installed tubes.

C.4.1.1.1. - Visually assess all crop trees (species specified by COR) with or without rigid tubing to make sure the following conditions are met:

a) Tube is horizontal on ground - replace

b) Tube is falling apart – replace

c) Tube laid over – correct by readjusting bamboo

d) Crop Tree seedling is dead – remove

e) Bamboo must be sound and vertical with the ground

f) Bamboo is not on uphill side of tree – move or replace

g) Crop Tree missing tubing – replace

h) Crop Tree is more than 30 inches tall – remove net

C.4.1.1.2. Tubes shall be installed so as not to damage the tree, which includes, but is not limited to, skinning the bark, breaking the terminal leader, damaging roots or excessive terminal bud stripping. The crop tree terminal leader must be free to grow and lateral branches shall be upward and generally in a natural configuration. Bamboo stake shall be at least 6 inches deep into ground to keep it secure during winter snows. NOTE: Need 6 inches deep instead of 4 shown in diagram.

C.4.1.1.3. – REPLACEMENT OF RIGID TUBES, if need tubes need to be removed, they will be removed by using scissors or utility type knife to cut plastic tubes without harming tree(see C.4.1.1.2 above). If the tube needs to be replaced it will be replaced on each crop tree according to specifications(C.4.1.1 – C.4.1.1.3).

SECTION D PACKAGING AND MARKING

INTENTIONALLY BLANK

SECTION E - INSPECTION AND ACCEPTANCE

E – 1 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far

FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

E - 2 - INSPECTION AND ACCEPTANCE OF RIGID TUBING INSTALLATION

(1) Tubed seedlings on representative sample plots will be examined for proper installation. Determination of the acceptability of the work performed will be based on these inspections, which will be considered conclusive, except as otherwise provided on the contract. The contractor or his representative may observe inspections while they are being preformed. Specific items to examined and tolerances are:

Bamboo Uphill side of tree (unless rock) 0

(2) Inspection of tube installation/maintenace. Tube installation/maintenance plots will be placed on the same 1/50th acre to attain a minimum of 1% sample for the planted area. Tube installation/maintenance plots will be done as follows:

(i) Locate and mark plot center on the ground.

(ii) Determine total number of seedlings planted.

(iii) Total number of tubes correctly installed.

(iv) Total number of tubes not satisfactorily installed.

(3) The installation/maintenance quality will be determined by the following method:

Total #tubes unsatisfactorily installed 100% - total seedlings needing tubes = Installation/maintenance Quality

(4) (i) Whenever the installation/maintenance quality is 90% or greater, the will be considered acceptable and the full price per thousand accepted will be paid.

(ii) Whenever the installation/maintenance quality falls below 90% based on the Government inspections, the work will be consider unacceptable.

SECTION F – DELIVERIES OR PERFORMANCE REQUIREMENTS

F – 1 - 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 (as): http://www.arnet.gov/far

FAR 52.242-14 Suspension of Work (APR 1984)

F – 2 - DELIVERIES

F.2.1. Contract Time. (See Period of Performance definition). The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when rigid tubing maintenance and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

F.2.2. Unfavorable Conditions. It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specification during the period June 15 to June 30. When such conditions make work impracticable, or other conditions create extreme conditions that are unsafe for contract work, and with written request by the Contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

F – 3 - FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984). At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

SECTION G - CONTRACT ADMINISTRATION DATA

G - 1 - MEASUREMENT

G.1.1. The area to be treated is stated in the Schedule of Items, Section B. All linear and area measurements under this contract are measured on a horizontal plane within the established boundaries. Boundaries are the cutting unit boundaries, usually having timber or older harvest units along boundaries. There is pink flagging which separates Items 101.1 & 102.1.

G.1.2. Re-measurement. The Contractor may at any time after award request re-measurement of any subitem. The request must be in writing within 10 days after completion of a unit or pay item. The Government’s re-measurement of the unit/subitem will be made within established boundaries.

G.1.2.1. If re-measurement indicates a variance of 5 percent or less in the acreage stated in the Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

G.1.2.2. If re-measurement results in a variance greater than 5 percent in the acreage stated in the Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

G - 2 - METHOD OF CALCULATING PAYMENT

G.2.1. The Contractor’s Quality Control

For each completed unit, the Contractor’s quality control inspection percentage for tube maintenance will be compared to the Government’s assessment results. If the results differ by 5 percent or less, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment. When the results differ by more than 5 percent, the Government’s inspection percentage will be used as the basis for payment as per E.2.7.1. Note that payment for rigid tubing maintence quality will only be made when Category C deficiencies are below the maximum levels described in E.2.

G.2.2. Payment calculation

Payment less damages will be based on the following methods:

G.2.2.1. Quality at fully acceptable performance - meets or exceeds 90% percent. Whenever the quality of work meets or exceeds 90 percent, based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work will be acceptable, an incentive payment will be made that provides payment at the unit price for the subitem.

Payment Example: With a unit price of $100 and a unit size of 40 acres, the bid price would be $4,000. If the Contractor’s work quality is 95 percent, payment would be $4,000.

G.2.2.2. Quality at less than fully acceptable performance - less than 90% percent. Whenever the quality of work is below 90 percent based on the results of the Contractor’s quality control inspection and verified by the Government monitoring, the work is unacceptable and the value of services provided significantly reduced. Therefore, a deduction will be made for less than fully acceptable performance in accordance with the following: for each additional percentage point that quality falls below 90 percent, a 2-percent deduction in unit price will be made. No payment will be made where quality of work is below 80 percent.

Payment Example: With a tube maintenance quality of 85 percent, the deduction would be: 10 percent for quality 85 to 89 percent (5 x 2%), resulting in the Contractor receiving 90 percent of the bid price.

With a unit price of $100 per acre and a unit size of 40 acres, the bid price would be $4,000. At 85 percent thinning quality, payment would be: $100 x 90% x 40 acres = $3,600.

G.2.3. Unacceptable Work

G.2.3.1. Any unit with quality less 90 percent, is considered unacceptable and may be rejected. For these areas the Government may (i) accept the work at a reduced price (ii) require the area to be re-worked at no additional expense to the Government, or (iii) reject the work in its entirety. If the quality is unacceptable, the Contractor's right to proceed is subject to immediate termination for default.

G.2.3.2. When work quality falls below 90 percent in areas of 1 acre or larger and the quality of work can be corrected, the Government may require the area to be reworked. If the Government does not require the area to be reworked or the quality remains below 90 percent, the area may be separated from the subitem and payment made in accordance with G.2.2.2.

G.2.3.3. Category C deficiencies that exceed the maximum allowance stated in Section F will be considered unacceptable and payment for the unit will not be made until corrections are made consistent with Section F.

G.2.3.4. The Government will document unacceptable work quality in the performance assessment.

G-3 - INCIDENTAL PAYMENT ITEMS 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-4 - FINAL PAYMENT The amount of the final payment will be calculated as described above and approved for payment after--

(a) Completion and acceptance of all work in each Item;

(b) Presentation of a properly executed invoice; and

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H – 1 - KEY PERSONNEL

H.1.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal (experience questionnaire) and that list may include the following:

· CONTRACTOR REPRESENTATIVE

· FOREMAN/FOREWOMAN

· INSPECTOR

H.1.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

H.1.3. The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

H.1.4. The contract will be modified to reflect any approved changes of key personnel.

H – 2 - FIRE CONTROL

H.2.1. Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.2.2. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

H.2.3. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.2.4. An equitable adjustment in contract time may be made for this period.

H.2.5. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.2.5.1. Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under H.2.5.2. and H.2.5.4. below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

H.2.5.2. Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

d. One - water container (at least 1-gallon capacity), not required with stationary equipment.

H.2.5.3. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a, are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.2.5.4. Powersaws. For each powersaw used in connection with this contract, the following will be provided:

a. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

b. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

H.2.5.4.1. Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

H.2.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.2.5.6. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.2.5.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

H.2.5.8. Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

H.2.5.9. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

H.2.5.10. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container, (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

H.2.5.11. Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

H.2.5.11.1 When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

H.2.5.12. Pump and Trailer. Not required.

H – 3 - PREWORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, slash treatment, camping/worksite plan, communications, and fire prevention plans shall be finalized in writing.

H – 4 - CAMPING AND WORKSITE CONDITIONS

H.4.1. Camping and Worksite Plan shall be consistent with requirements set forth in this section, Section I, and the camping permit which is required. The Contractor shall provide a general plan with the technical proposal, and shall provide a more specific plan based on items awarded, prior to start work.

H.4.2. The Contractor shall be aware of and abide by the rules of the Kootenai National Forest applicable to forest visitors.

H.4.3. The Contractor shall obtain a camping permit from the Libby Ranger District prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping area has been cleaned up to the requirements of the Camping Permit.

If the Contractor does not obtain a camping permit but requires his/her employees to obtain the camping permit, the Contractor remains responsible for campsite clean up and his/her employees conduct while camping on National Forest land.

H.4.4. Contractor Information: The Contractor shall abide by the OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25, which applies to agricultural establishments hiring 11 or more workers for hand labor.

H – 5 - CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

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

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

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

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

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

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

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

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

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

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodants.

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

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

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

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

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

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

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

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

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

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

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

H - 6 - EMPLOYMENT OF ELIGIBLE WORKERS (FSAR 4G52.222-701) (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 (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 3 years, or 1 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 – 7 - LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (FSAR 4G52.222-702) (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 (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 ensure 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, 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 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 (that is, 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 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the Contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and 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 that 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 that covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

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

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

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

H - 8 - 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 – 9 - 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 provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. 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.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation

H-10 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

Definition. An EMS provides a systematic approach for continually improving environmental performance. An EMS identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls already in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

1. Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

2. Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of WUI or Community Wildfire Protection Plan areas.

3. Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

SECTION I--CONTRACT CLAUSES

I. 1. 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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEPT 2006) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records-Negotiation Alternate 1 (MAR 2009)

52.222-54 Employment Eligibility Verification (JAN 2009)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate III (APR 1984) 52.244-6 Subcontracts for Commercial Items (SEPT 2006)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

I – 2 - CENTRAL CONTRACTOR REGISTRATION (FAR 52.204-7) (OCT 2003)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering…