AG-82B1-S-10-0209.pdf

SUPPLIES OR SERVICES AND PRICES/COST

ARRA Libby District (D5) Slashing 2010

Kootenai National Forest Libby Ranger District

Lincoln County, Montana

SCHEDULE OF ITEMS

Item Estimated Unit Total Number Description Unit Quantity Price Price

540 Gopher Hill 545 Acres 265 $________ $_________ 541 Warland Peak West 536 Acres 195 $________ $_________ 542 Cripple Warland 53403 Acres 450 $________ $_________ 543 Southeast Ziegler 5107 Acres 171 $________ $_________ 544 Southeast Ziegler 5107B Acres 30 $________ $_________ 545 Bristow 32 Acres 255 $________ $_________ Total 1,366

TOTAL PRICE $___________

1.-To be considered for award offers are required to submit a completed Schedule of Items, questionnaire, SF 1449 and acknowledgement of all amendments.

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

3 - BASIS OF AWARD: Award of this contract will made in accordance with FAR part 13.5 (Test Program for Certain Commercial Items) and will be based the Lowest Priced Technically Acceptable proposal.

4 – AWARD DETERMINATION: The Government may issue one or more orders as a result of this Request for Proposal.

Award will be made on a Lowest Price Technically Acceptable basis. Determination of Technically Acceptable will be based on the evaluation of the “Experience Questionnaire” for Past Performance of the same or similar projects and the available capacity to accomplish the requirements in the specified timeframe.

The Government may waive minor informalities or irregularities in offers received, or elect to not award at all. The Government intends to award without discussions, therefore the initial offer should be your best offer to the Government. If necessary, the Government may conduct discussions with any or all of offerors.

EXPERIENCE QUESTIONAIRE: Complete all appropriate sections of the experience questionnaire attached. Failure to provide requested information may result in offeror not being considered for contract award

INSPECTION AND ACCEPTANCE

CONTRACTOR QUALITY CONTROL PLAN. In accordance with 52.246-4 Inspection of Services – Fixed Price (AUG 1996), Paragraph (b) the Contractor shall propose and adopt a quality control inspection system to ensure that the required work meets the specifications. The Contractor may use the Inspection and Acceptance Requirements stated under Government Responsibilities as an inspection system if desired. Any proposed inspection system shall produce written inspection data which shall be provided in a timely manner as agreed to by the Contracting Officer. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met;

the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of slashing and other work to determine actual quality percentage.

PERFORMANCE ASSESSMENT PLAN (PAP) In accordance with 52.246-4 Inspection of Services – Fixed Price (AUG 1996), Paragraph (c), the COR will inspect the Contractor’s performance on a random basis under this contract to ensure that hand slashing is being properly performed as described under the performance standards.

Unacceptable performance occurs when the Contractor responsibilities fail to meet stated PERFORMANCE STANDARDS. The Government will not pay for unacceptable performance. When unacceptable performance is observed, the COR will document the unacceptable performance on a work order as well as meet with the Contractor at the job site to ensure that the Contractor is aware of the unacceptable service. The Government’s inspection of the work does not relieve the Contractor of its responsibility to provide an inspection system as stated in Paragraph

(b) of the Clause stated above .

INSPECTION PROCEDURE FOR HAND SLASHING

(1) The Government will make a visual examination of the work. If the visual examination shows the work may not be done in conformance with the contract specifications the following systematic inspection procedure will be made:

(a) The Government will make an inspection of each contract item to determine acceptability. The results will not be averaged with any other item for payment purposes. The Contractor is encouraged to observe the inspection.

Inspection consists of visually checking unit for adherence to contract performance standards. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

DELIVERIES OR PERFORMANCE

1. PERIOD OF PERFORMANCE

Contract Time and Required Rate of Progress

Item Number Estimated Start Work Date Completion Date

540 Gopher Hill 545 July 1, 2010 November 30, 2013 541 Warland Peak West 536 July 1, 2010 November 30, 2013 542 Cripple Warland 53403 July 1, 2010 November 30, 2013 543 Southeast Ziegler 5107 July 1, 2010 November 30, 2013 544 Southeast Ziegler 5107B July 1, 2010 November 30, 2013 545 Bristow 32 July 1, 2010 November 30, 2013

The Contractor shall maintain progress at a rate which will assure completion of all work by the completion dates.

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 thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

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 Dec. 1st to May 15th each year. When such conditions make work impracticable, or if wind 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 (per Section C) a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

2. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. 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.

3. ACCEPTANCE Acceptance will be determined based on compliance with the contract specifications. Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in FAR 52.246-4 Inspection of Services.

3.1. If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards.

3.2. The Government will conduct quality assurance up to one times after the initial assessment due to rework by the Contractor.

3.3. The Government will assess the Contractor the actual costs of conducting the additional quality assurance after rework. The Contractor may be assessed actual damages which may include but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals and lodging that are incurred during the additional quality assurance.

3.4. Work Completed after the performance period. Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period.

CONTRACT ADMINISTRATION DATA

1 – MEASUREMENT AND PAYMENT

1.1. Measurement. The acreage of each unit was made using Global Positioning System measurements and/or Geographical Information Systems (GIS). 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 marked by flagging, roads, obvious topographical changes, or streams and lakes. Wildlife leave islands, areas to protect, stream buffers, and archaelogical sites are not included in the total acres and will be flagged prior to a Notice to Proceed.

1.2. Re-measurement. The Contractor may at any time after award request re-measurement of any Item. 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/item will be made within established boundaries.

G1.2.1. 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.

G1.2.2. 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.

1.3. Change in Conditions. If at any time during the contract there is a change in conditions that would eliminate portions or all of a unit the acres eliminated will be deducted from the total acres and the Contractor will not receive payment for the reduction in acres. Change in conditions could include but are not limited to discovery of new archaelogical site that must be protected, unexpected wildlife habitat (i.e. goshawk or eagle nest), newly defined stream channel, etc.

2 -- BASIS OF PAYMENT. Payment will be made at the contract unit price for work completed and accepted in accordance with the above required specifications and measures of performance.

2.1. Unacceptable Work

2.1.1. 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.

2.1.2. 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 80 percent, the area may be separated from the subitem and payment made in accordance with G.3.2.2.

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.

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

3 – 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 accepted 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).

Unique Terms and Conditions

1. KEY PERSONNEL

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

• CONTRACTOR REPRESENTATIVE

• FOREMAN/WOMAN

• INSPECTOR

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.

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

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

2. FIRE CONTROL

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.

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.

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.

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

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.

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.

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.

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 chainsaws, 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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

d. Smoking restricted to vehicles or buildings only

2.5.12. Pump and Trailer. Not required.

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, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

4. CAMPING AND WORKSITE CONDITIONS

4.1. Camping and Worksite Plan shall be consistent with requirements set forth in this section, Section I, the camping permit if 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.

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

4.3. The Contractor shall obtain a camping permit from the Kootenai National Forest 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. Refer to Section J for a sample 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 cleanup and his/her employees conduct while camping on National Forest land.

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

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 rodents.

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

The supplies shall include:

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

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

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

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

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

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

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

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

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

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

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

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

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

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 insure 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.

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 insure 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, means 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.

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

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

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

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

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

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

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

Field Sanitation

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

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

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

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

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

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

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.

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.

8. 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.

Contract Terms and Conditions

52.202-1 Definitions. (JUL 2004)

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.204-7 Central Contractor Registration. (APR 2008)

52.212-4 Contract Terms and Conditions - Commercial Items. (MAR 2009)

52.215-2 Audit and Records-Negotiation (Mar 2009)

52,215-2, Alternate I, Audit and Records-Negotiation (Mar 2009)

52.232-1 Payments. (APR 1984)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items.

(SEP 2009) -- Alternate II (MAY 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Contracting Officer check as appropriate.

X(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ](2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

X(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X(4) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (MAR 2009) (Pub. L.

111-5).

[ ](5) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

[ ](6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](7) Reserved.

[ ](8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-6.

[ ] (iii) Alternate II (MAR 2004) of 52.219-6.

[ ](9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

X(10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

[ ](11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

X(12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

[ ](13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[ ](ii) Alternate I (JUN 2003) of 52.219-23.

[ ](15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

X(18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

X(19) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ](20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).

X(21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

X(22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

X(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

X(24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

X(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

[ ](26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

X(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ](28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ](30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

[ ](ii) Alternate I (DEC 2007) of 52.223-16.

[ ](31) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ](32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C.

10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

[ ](ii) Alternate I (JAN 2004) of 52.225-3.

[ ](iii) Alternate II (JAN 2004) of 52.225-3.

[ ](33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X(34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ](35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ](36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

X(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X(38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

X(39) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[ ](40) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration

(MAY 1999) (31 U.S.C. 3332).

[ ](41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

[ ](42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ](43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

[ ](ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X(1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

X(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L.

110-247).

[ ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5…