Solicitation 0247.doc

AG-82B1-S-10-0247

2010 HAND TREE PRUNING

INTERMOUNTAIN ECONOMIC RECOVERY OPERATION CENTER INSTRUCTION SHEET

issuing office:

U.S. Department of Agriculture

Forest Service

Intermountain EROC 740 Simms Street Golden, CO 80401

FAX (303) 275-5299

solicitation no.:

RFQ AG-82B1-S-10-0247

quotes are solicited for: RECOVERY –2010 HAND TREE PRUNING important – notice to quoter:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS AS THEIR RESPONSE TO THIS SOLICITATION:

1.SF-18 Request For Quotation (Complete, date, and sign)

2.Section B – Schedule of Items (Pages 2). (Complete Unit Price and Amount)

3.Section K – Representations and Certifications (Pages 40 - 43). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov) 4.Section J – Experience Questionnaire (Pages 38 and 39) 5.Acknowledgement of Amendments (If Applicable) IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to:

USDA, Forest Service

Intermountain EROC

740 Simms Street

Golden, CO 80401 ATTN: George Jackson it is required that all contractor’s be registered in the central contractor registration database prior to award under this solicitation. see clause i-3 – far 52.204-7 central contractor registration for details on how to apply.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

a. NAME OF CONSIGNEE

11. SCHEDULE (Include applicable Federal, State and local taxes)

PLEASE PLACE YOUR QUOTE IN SECTION B- SCHEDULE OF ITEMS

FACSMILE (FAX) WILL NOT BE ACCEPTED.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

2010 HAND TREE PRUNING

Rexford Ranger District

Kootenai National Forest

Lincoln County, Montana

B-1 - SCHEDULE OF ITEMS

2010 Pruning Item # 1

UNIT TOTAL

SUBITEM UNIT NAME & NUMBER QUANTITY UNIT PRICE PRICE

1.1 Young Cr 02-05-011

ACRE

1.2 Dodge Cr. 02-06-206

ACRE

1.3 Young Cr.

02-04-097

ACRE

(short walk)

1.4 Basin Cr 08-04-029 +

ACRE

08-05-030

1.5 Bruin Cr.

34-05-051

ACRE

(1.25 mile walk)

Total Acres TOTAL Item 1 > > > > > > > > > > > > > > > > > > > > > > > > > > > 2010 Pruning Item # 2 UNIT TOTAL

SUBITEM UNIT NAME & NUMBER QUANTITY UNIT PRICE PRICE

2.1 East Pinkham 20-05-030

ACRE

2.2 Upper Sutton #1 22-03-083

2.3 Upper Sutton #2 22-03-084

2.4 Tenmile 26-04-028

ACRE

2.5 Briery 26-04-030

ACRE

2.6 Huckleberry 26-06-021

ACRE

Total Acres 179 TOTAL Item 2 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> $_________ B-2 - EVALUATION OF QUOTES/BASIS OF AWARD: AWARD WILL BE MADE BY ITEM. Offers will not be accepted for quantities less than those specified for each subitem and must be submitted for all subitems within each item. Award of all subitems is contingent on available funding and may or may not be awarded.

The Government may issue multiple orders as a result of this Request for Quotations to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government. Award will be made on a Best Value basis considering, but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The Government may issue an order to other than the lowest quoter, waive minor informalities or irregularities in quotes received, or elect to not award at all. If necessary, the Government may conduct discussions with any or all quoters.

The Experience Questionnaire located on Pages 3 and 4 will be used to evaluate all responsive quotations received.

B-3 – WRITTEN ACCEPTANCE

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work. This contract requires pruning Western White Pine (WWP), slash treatment, and related work, in compliance with its terms, specifications and provisions.

(b) Project Location. The work is located on the Rexford Ranger District of the Kootenai National Forest.

Pruning unit boundaries are obvious on-the-ground features (clear-cut unit that has become fully stocked with sapling size or smaller trees to cut or uncut stands of mature trees, roads, etc.) and will not be flagged. Boundaries on some units will be flagged where expected discrepancies may occur or only a portion of the original logged stand is to be pruned. Sub items 1.1, 1.4 and 2.4 have portions of their stand under contract for Thinning under a separate contract. These portions are marked with pink flagging and thinning operations may occur prior to, concurrent or subsequent to pruning performance. Thinning acreages for these stands have NOT been deducted from the Schedule of Items. Pruning will be done on the entire stand.

(c) Pre-Bid Conference and Tour. A pre-bid conference or tour will not be conducted.. Prospective quoters are strongly encouraged to visit the site prior to preparing and submitting their quote. Quoters desiring to visit the site may contact Angie Stafford at the Rexford Ranger Station, telephone (406) 296-7142 or Dave Leeman, telephone (406) 882-8308, during business hours (Monday through Thursday, 7:00 a.m. – 3:30 p.m.) for more information.

C-2 – MOTORIZED EQUIPMENT

The project areas may be reached by Forest Roads that are accessible by standard two-wheel drive pickup truck equipped for mountain driving during the normal operating season, except as noted below. The Government assumes no obligation to plow snow or do special maintenance to keep roads open.

The road/gate accesses for the bid items are as follows:

Permission can usually be obtained for access after road closure dates at Eureka Ranger Station except in special wildlife area closures that will require a walk-in. Walk-in units have been identified in the Schedule of Items.

Sub-Item Road Access Item 1.2 & 1.4 - Road 7205 North Fork Dodge and 337 Boulder Cr are open year round;

Item 1.1– Roads 7205E is closed with a yearlong restriction and gate;

Item 1.3 - short walk, less than ¼ mile from Road 7202, kelly hump.

Item 1.5 is within a bear management area and has vehicle access limitations.

This road may be accessed by vehicles for 23 days between 6/16 and 9/15 and for 18 days between 9/16 and 10/15. Other management activities will be included in these limitation totals and may reduce allowed vehicle access days for this contract.

Items 2.1 – 2.3 - Roads 494 & 7301 are open yearlong;

Item 2.4 & 2.5 - Road 7990 open year long & 7990E is closed with a yearlong restriction with gate;

Item 2.6 – Road 7995 & 995 is closed with a yearlong restriction and gate;

C-3 - SALVAGEABLE MATERIAL

Not applicable to this contract.

C-4 - DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

Pruning – The severing of all limbs, live or dead, from the bole of a selected tree to a specified pruning height.

Branch Collar – The basal enlargement of a branch.

Whorl – The arrangement of limbs in a circle around the bole of the Western White Pine tree.

Deficient Trees – Those trees not pruned but should have been pruned, trees improperly pruned, or trees that are excessively damaged by the pruning operation.

Operational Damage – Deep bark gouges, rips, tears (to the cambium), or other damage exceeding one-quarter of the circumference of the bole or damage exceeding one-quarter of the circumference of the limb collar.

Slash – Any vegetation that was cut by the Contractor.

Double-trunk Tree – Two trees originating from the same stump.

Bole – The trunk of a tree.

Duff layer – The partly decayed organic matter on the forest floor.

C-5 - TECHNICAL SPECIFICATIONS

A. Required Western White Pine Pruning Equipment. All pruning shall be performed with hand pruners or lopping shears only. No pruning by chainsaws will be allowed.

B. Selection of Western White Pine Trees to be Pruned. All Western White Pine will be pruned (refer to notes on WWP Pruning (Exhibit A) C. Pruning Methods.

Pruning Height – Prune all branches in accordance with the following:

a) Western White Pine trees will be pruned to a height of 8 feet or 50% of live crown, whichever is less.

b) The pruning height will be determined from the uphill side of the tree.

c) Prune Western White Pine trees which are equal to or greater than 6 feet in height.

d) All branches shall be removed from upper height down to ground, watching for those covered by duff vegetation.

Removal of Live and Dead Limbs – All live and dead limbs shall be completely severed from the tree as close to the bole as possible without cutting into the branch collar. Leave approximately one-quarter inch (but no longer than one-half inch) of the branch beyond the branch collar (refer to Exhibit A in Section J).

All live and dead limbs must be severed so as to leave a flat cut surface. The Contractor shall move slash and other obstacles as necessary to achieve proper pruning. Remove green needles originating at the bole.

Double-trunk Trees – Both trees will be treated as one. Both shall be selected and pruned in accordance with B. (Selection of Western White Pine Trees to be Pruned) and C. (Pruning Methods), above.

C-6 - RESOURCE PROTECTION

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources.

Prevention and Control of Soil Erosion. The Contractor shall minimize soil erosion. Precautions shall include:

* Prevention of gullying of roads and skid trails with and adjacent to the contract area.

* Protection of cover, soil, and water.

SECTION E--INSPECTION AND ACCEPTANCE

E-1 – FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E-2 – ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

Pruning Inspection Procedure. The Government will make periodic inspections. The Contractor or his representative is encouraged to observe the inspection and will receive inspection summaries upon request.

1. Each Unit, as designated on the attached maps and described in the Schedule of Items, will be inspected separately and will not be averaged with any other for acceptance or payment.

2. A series of plots distributed over the entire unit sufficient to yield at least a 2 percent sample of each unit will be taken. Size of plots are 1/50th acre. Plot centers will be marked and numbered.

3. Each plot will be examined and the findings on the items listed below recorded:

a. Number of trees that should have been pruned.

b. Number of satisfactory pruned trees.

c. Number of deficient trees.

Rework and Reinspection After Rework. When inspection results are below 85 percent and deficient trees contribute significantly to the deficiency, payment will not be made until the tree deficiency has been corrected. Reinspections after rework will be made in the same manner as the first inspection but on different plot lines. The contractor shall pay for inspections necessitated by the rework.

SECTION F--DELIVERIES OR PERFORMANCE

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(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989)

F-2 - AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from July 1, 2010 through September 30, 2011.

The Contractor shall maintain progress at a rate which will assure completion of work within the contract time specified above.

The Government will issue a Notice to Proceed as soon as weather and ground conditions become favorable for work. The count of contract time will start on the date specified on the Notice to Proceed.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 - MEASUREMENT AND PAYMENT

(a) Measurement. The acreages were measured on the horizontal plane within the established boundaries.

(b) Remeasurement. The Contractor may at any time after award request remeasurement of any treatment area. This request must be made in writing within five days after the sub-item is completed. Remeasurement will be made with the established boundaries.

If remeasurement indicates a variance of five percent or less, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the acreage as stated in Section B, Supplies or Services and Prices/Costs.

If remeasurement indicates a variance greater than five percent, payment will be based on the remeasured acreage and the Government will pay for the remeasurement.

(c) Basis for Payment. Pruned trees within the unit will be inspected. The following deductions will be made:

a) Improper tree selection – One (1) deficient tree

b) Improper spacing – One (1) deficient tree

c) Improper pruning height - One (1) deficient tree

d) Missed limbs - One (1) deficient tree

e) Stub length too long - ¼ deficit tree

f) Operational damage - ¼ deficit tree

No deduction or combination of deductions shall exceed one full deduction per tree.

Upon inspection of all plots for a sub-item, the quality of pruning shall be calculated as follows:

1.00 – No. of deficient trees X 100 = Quality %

(No. of trees that should have been pruned)

Payment will be made for completed units as follows:

After inspection of completed acreage, the Contracting Officer will calculate the pay rate by multiplying the inspection percentage times the contract unit price per acre.

When the inspection quality is 90 percent or greater, payment will be made at the contract unit price.

When inspection quality is between 85 and 90 percent, payment will be made with actual percentage earned multiplied by the contract price.

Where quality for a sub item falls below the minimum acceptable level of 85 percent, the Contractor may be allowed to rework the area if the quality could in fact be improved. If the Contractor is not able to improve this quality to above the 85 percent level, contract default may occur.

G-2 - AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at the Rexford Ranger Station office.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H- 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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H-1 - FIRE CONTROL

(a) 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.

(b) 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.

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.

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

(c) Fire Protection Requirements - Fire Plan. During the 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.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) 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) 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:

One - fire extinguisher, dry chemical type of not less than 2½ pound capacity with 4 BC or higher rating.

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

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

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

(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.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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

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 all times.

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; power saw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the Contracting Officer with special precautions stated.

(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.

(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.

(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.

(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.

(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.

(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.

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 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

Definition. An EMS provides a systematic approach for continually improving environmental performance and identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls 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 Wildland Urban Interface (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.

H-3 - FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H-4 - FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

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

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

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

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

(3) Motor Vehicle Safety

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

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

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

(4) Housing

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

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

(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-5 - 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-6 - 4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEBRUARY 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. 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.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

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 for example, chain saw operation.

H-7 - 4G52.222-705 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (FEBRUARY 2007)

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

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

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.

The campsite must 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 is permitted within developed recreation sites or along primary recreation roads.

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

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. Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. 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. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. 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. 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.

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

Gauze pads (at least 4x4 inches)

Two large gauze pads (at least 8x10 inches)

Box adhesive bandages (band-aids)

One package of gauze roller bandage at least 2- inches wide

Two triangular bandages

Scissors

At least one blanket

Tweezers

Adhesive tape

Latex gloves

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

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

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.

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.

The Contractor shall comply with the following fire regulations during fire season:

During the fire season, 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.

All fire rings or outside fireplaces must 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.

All generators and other internal combustion engines must be equipped with U.S. Forest Service 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).

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

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

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

PART II--CONTRACT CLAUSES

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

52.204-9 Personal Identity Verification of Contractor Personnel (NOV 2006) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.246-1 Contractor Inspection Requirements (APR 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

452.237.70 Loss, Damage, Destructiion or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

I- 2 - FAR 52.203-15 Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I- 3- FAR 52.204-7 Central Contractor Registration (APR 2008)

(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 System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record

“Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to…