AG-82D7-S-16-0020_Solicitation_PSIC_Tornado_Thinning.docx

SECTION B – SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

The Government intends to evaluate proposals and award contracts without discussions with offerors.

The Government may make multiple awards if it is in the Government’s best interest to do so.

The following must be completed to show the price breakdown for specified tasks; this breakdown will facilitate business proposal evaluation and the determination of price reasonableness.

Company Name:

DUNS #:

AG-82D7-S-16-0020

PSIC Tornado Thinning

POC:

Phone #

Email Address:

Tax Identification Number (TIN):

(Include dashes)

To be eligible for award, contractors MUST be registered in the System for Award Management (SAM), www.sam.gov

1. Scope of Work

The purpose of the Tornado contract is to reduce the amount of hazardous fuels on 221 acres of Forest Service Lands that are adjacent to rural residences, and to utilize blow down timber and thinned materials for local firewood markets. This will be accomplished by a combination of Sawtimber, Non-sawtimber, Wind Thrown, Down Woody Debris, Biomass and Slash treatments. Treatments include felling, yarding/skidding, of sawtimber, non-sawtimber, and wind thrown material to a landing. At the landing all material will be de-limbed, processed and decked (for firewood products) and the slash will be piled. No products will be removed in this contract and Forest Service road 251A will not be improved in order to facilitate log trucks/hauling. All designated Biomass and Down Woody Debris material will be masticated. Designated non-sawtimber will be masticated in the units were it is NOT a requirement to deck the logs.

2. Project Location and Description

(a) The Tornado Project Location lies in two separate areas – Project area one (1) is located approximately 4 miles S/SE of Lake George, CO in Township 13 South, Range 71 West, Sections 9 and 16, Park and Teller County, Colorado. Project area two (2) is located approximately 3 miles west of Lake George, Colorado in Township 12 South, Range 72 West, Sections 2 – 4, Park County, Colorado, 6th PM, on the Pike and San Isabel National Forests, administered by the South Park Ranger District. The contract maps showing project location and access, a brief location description, and other information regarding specific items to protect are included in this contract package.

(b) Accessibility – All units may be reached by Teller and Park County roads and National Forest System Roads and are accessible by a standard two-wheel drive pickup during normal operating season. Spring and fall road conditions usually necessitate the use of a 4-wheel drive vehicle.

(c) Boundaries – Treatment unit boundaries are marked with three stripes of orange paint, two directional with the boundary line and the third facing into the treatment unit. Reserve Trees are marked with orange bands at, or around DBH, and stump marks. Reserve Tree Groups are Orange Dot painted in the same fashion as the treatment unit boundaries.

3. Contractor-furnished Equipment and Services

(a) Contractor must furnish all skilled labor, experienced supervision, equipment, housing, subsistence, transportation, operating supplies, incidentals, and inspection services required to perform the work in compliance with the contract.

(b) The Contractor shall notify the COR of any changes in work schedule.

4. Definitions

(a) Basal Area- The area, per acre, that is occupied by the cross-section of tree trunks and stems at DBH, expessed is square feet per acre.

(b) Biomass – Trees between 2.0’ and 4.9” DBH.

(c) Cut Trees – Trees designated for cutting.

(d) Cut Tree Mark (CTM) – A method of timber designation whereby all trees marked above and below stump height with blue or yellow paint are designated for cutting

(e) DBH (Diameter at Breast Height) – Outside diameter of the tree stem at a point 4-1/2 feet above the ground, measured from the high side of the base of the tree.

(f) DIB (Diameter Inside Bark) - Diameter measurement of a standing tree or log in which the estimated or actual thickness of the bark is discounted.

(g) Drip Line – Outermost circumference of a tree canopy where water drips from, and onto the ground.

(h) D x P – Designation by prescription, a method where the trees designated to be cut are not painted, they are described by the cutting prescription. Sometimes this is accomplished by describing the specific tree heights and diameters of trees that should be cut.

(i) DWD (Down Woody Debris) – Any down woody stems, solid or decaying, and measuring a minimum of 3 inches diameter at the small end up to 12 inches diameter at the large end, AND they must be 12’ feet or longer.

(j) Erosion control – Activities designed to prevent/reduce the delivery of sediment to area streams as a result of road building and/or timber harvest. Activities typically include grass seeding and/or installation of structures to trap moving sediment.

(k) FMZ (Fuel Modification Zone) – Treatment of certain species of shrubs in order to create a fire/fuel break. The FMZ is defined as the entire unit as defined by its orange painted boundary. Average slopes in these areas are less than 20%.

(l) Hand Pile- A method of piling slash with the use of manual labor. Piling may also be done by other methods.

(m) Hang Ups - Any tree or a portion of a tree that ends up hanging, or hung-up in another tree or other vegetation.

(n) Leaner – Any tree or a portion of a tree that ends up leaning against another tree or object.

(o) Leave Tree – Any live tree that is selected or required to be left standing as provided in the specifications.

(p) Leave Tree Marking – A method of timber designation whereby all conifer trees >5.0” DBH that are not marked with Orange paint above and below stump height are designated for cutting.

(q) Limb and Top Removal – The moving, during yarding/skidding, of cut tree with tops to a designated location at the landing.

(r) Machine Pile – A method of piling slash with the use of mechanized equipment. Piling may also be done by other methods.

(s) Masticate - Trees designated for cutting shall be mechanically destroyed. This shall include, but is not limited to, chipping, chunking, grinding etc.

(t) Non-Saw – Trees that are greater than 5.0” DBH up to 7.9” DBH for white fir, Douglas-fir, Engelmann and blue spruce, 5.0” DBH up to 6.9” DBH for lodgepole and limber pine, and 5.0” DBH up to 9.9” DBH for ponderosa pine.

(u) Reserve Tree – Individual trees that are to be protected and are NOT designated to be cut.

(v) Reserve Tree Areas – Areas where multiple trees are protected and are NOT designated to be cut and are NOT individually painted. The boundaries are painted with orange dots and every tree on the interior of the area is to be protected.

(w) Sawtimber – Any tree greater than the upper DBH limit listed above in the “Non-Saw” definition.

(x) Slash - Debris created from work under this contract including all cut trees and their tops, trunks, and branches.

(y) Streamcourse - The area along a stream that has riparian vegetation and other riparian characteristics. Stream courses are noted on the project maps. They typically require special treatment which may include alteration to the tree cutting, slash treatment, vehicle travel, or fueling of saws.

(z) Stump Height – A point on the bole of the tree from the uphill side that is 6” above the ground for Sawlog trees and 6” above the ground for non-saw and biomass strees.

(aa) Thinning – The cutting of trees in excess of those to be left for future management.

(ab) TPA – Trees per Acre.

(ac) Wind Thrown – Trees uprooted by high winds associated with tornado like weather.

DELIVERIES OR PERFORMANCE

Period of Performance The effective period of this contract is from date of award to December 31, 2017.

Normal Operating Season: May 15th to October 31st

5. Technical Specification – Treatment Units

UNIT DATA SHEET

Saw

(TPA)

Biomass/

DWD/WT

(TPA)

Slope

0-30 12%

0-30 12%

N/A 19%

20%

10%

31-60 18%

18%

18%

18%

Treatment of sawtimber, both standing and wind thrown, non-sawtimber, down woody debris, biomass material and FMZ shrubs.

Units 1, 2, 3, 4, 5, and 6 – All standing ponderosa pine, Douglas-fir, and spruce non-sawtimber trees (5.0” – 7.9” inches DBH), all conifer biomass (2’ feet in height up to 4.9” inches DBH), and designated down woody debris (3” inches at small end up to 12” inches AND 12’ feet or greater in length, will be masticated. No sawtimber is designated to be cut in these units. Units 1, and 2 – FMZ - All Mountain Mahogany and Current shrubs, 3’ feet tall or greater, shall be masticated to the required mastication specifications. Unit 6A - Designated standing sawtimber and standing non-sawtimber cut trees shall be yarded to the landing, topped and limbed, decked, and slash shall be piled in the landings. All conifer biomass will be masticated. FMZ - All Mountain Mahogany and Current shrubs, 3’ feet tall or greater, shall be masticated to the required mastication specifications. Unit 11 - Designated standing sawtimber and standing non-sawtimber cut trees shall be yarded to the landing, topped and limbed, decked, and slash shall be piled in the landings. All conifer biomass and designated down woody debris will be masticated. FMZ - All Mountain Mahogany and Current shrubs, 3’ feet tall or greater, shall be masticated to the required mastication specifications. Unit 11A - Designated standing and wind thrown sawtimber* and standing and wind thrown non-sawtimber* cut trees shall be yarded to the landing, topped and limbed, decked, and slash shall be piled in the landings (* All wind thrown sawtimber and wind thrown non-sawtimber are designated to be cut.) All conifer biomass and designated down woody debris will be masticated. FMZ - All Mountain Mahogany and Current shrubs, 3’ feet tall or greater, shall be masticated to the required mastication specifications. Slashing and piling specifications are described in Task 5.2 - Slash Treatment. Decking specifications will follow Task 5.3 - Decking of sawtimber and non-sawtimber. Mastication activities follow Mastication specifications outlined in Task 5.2.(h) Slash Treatment. Aspen IS NOT designated to be cut in any of the treatment units. Bristlecone and Limber pine ARE NOT designated to be cut in Units 1-5.

5.1.1 – Sawtimber, non-sawtimber (standing or wind thrown, Down Woody Debris, Biomass, and FMZ Designation.

D x P - Tree Designation Table Subdivision(s) or Cutting Unit(s) Designated Species 1/

a) Trees that meet the cutting prescription are designated for cutting as indicated on the above DxP Tree Designation Table, the Unit Data Sheet.

b) ALL units require biomass treatments as described in the table above (DxP Tree Designation Table).

c) Some wind thrown trees have paint on them – ignore this as IT HAS NO significance.

d) Bristlecone pine, Limber pine, and aspen are NOT a designated cut tree species for Units 1, 2, 3, 4, and 5.

e) Unit 6 – IGNORE all blue painted trees and adhere to the D x P Tree Designation Table specifications ONLY.

ITM - Tree Designation Table Subdivision(s) or Cutting Unit(s) ST-sawtimber NS-non-sawtimber WT-wind thrown

a) Unit 6A – Was originally painted with blue paint. IGNORE the blue paint as it was re-painted ITM (CTM) with YELLOW paint. Only the yellow painted sawtimber and non-sawtimber trees are designated to be cut.

5.1.2 Cutting Methods

a) Unit 11A ONLY - Wind Thrown trees are ANY species that are 5.0” inches DBH or larger which includes the sawtimber and non-sawtimber classes. ALL wind thrown trees are designated to be cut, yarded to the landing and decked. SOME of these trees ARE marked with paint.

b) Live Non-Sawtimber cut tree diameter is from 5.0 inches DBH to 7.9 inches DBH for Ponderosa Pine, White fir, Douglas-fir, Engelmann and Blue spruce. 5.0 inches DBH to 6.9 inches DBH for Lodgepole and Limber pine. Biomass cut tree diameter is 2 feet to 4.9” inches DBH for all species except Aspen.

c) Down Woody Debris (sound or decaying) mastication diameters are 3” inches at the small end up to 12” inches at the large end AND a minimum of 12 feet long with no maximum length.

d) FMZ (Fuel Modification Zone) – Only Mountain Mahogony and Current species are designated to be masticated in the FMZ if they are three (3) feet in height or taller.

e) Mastication specifications – All treated boles shall be six (6) inches or less above the ground, all treated tops and limbs shall be twelve (12) inches or less above the ground, and both shall not exceed four (4) feet in length. Leaners and hang-ups will not be left untreated and trees that fall outside the unit boundary shall be pulled into the treatment unit and masticated to specifications. Shrubs will be masticated to a height of 6” inches or less above the ground.

f) Stump height of cut trees shall be no higher than 6 inches above ground level.

g) Trees shall be completely severed from the stump at a 90 degree angle.

h) No cut/masticated tree shall be left suspended in or leaning against a leave tree or tree outside the unit boundary.

5.2 TASK: Slash Treatment

Unless specified different on Unit Data Sheet, slash treatment refers to debris created from work under this contract including all desinated cut trees and their tops, trunks, and branches.

Slash Treatment type by unit is specified in the Unit Data Sheet. Criteria listed below will be followed for the appropriate treatment.

a) No thinning and/or logging slash shall be allowed outside the contract boundary, unless otherwise approved by the Contracting Officer. This does not include slash created from mastication.

b) Contractor shall remove all thinning and/or logging slash near the following:

1) Roads – Forest Service road 251A, shall be kept free of slash.

2) Land Survey Monuments – lop and scatter pullback within 25 feet. Machine piles shall be at least 25 feet from land survey monuments and bearing trees.

3) Roads, Trails and Ditches- pullback 25 feet from edge of roads, trails and ditches.

c) Tops and limbs which are broken off due to normal felling, skidding and /or yarding operations are not required to be yarded. This material is required to be lopped and scattered to lie within 12” of the ground.

d) Trees which must be cut for landings, skid trails or other approved clearings will have the same slash treatment requirements as existing cut trees.

e) All trees required to be yarded to the landing will be completely de-limbed and cut to a 4” inch top.

f) Piling at Landings – Units 6A, 11, and 11A - All designated sawtimber, non-sawtimber, and wind thrown cut trees will be skidded to landings. Slash created at approved landings will be piled to the following standards:

1. Piles shall be conical in shape.

2. Piles shall be reasonably compact and free of soil.

3. Piles will not be more than 25 feet in height, or 25 feet in width.

4. Piles shall be located at least 30 feet from residual timber and 50 feet from protected stream courses. If conditions make it impractical to locate pile so that damage to residual green trees can be avoided, an area will be designated by the Forest Service.

5. All objects that extend for more than 4 feet in any direction from the pile profile will be cut off and returned to the pile.

6. Piling must be accomplished by equipment with a grapple.

i) Mastication specifications – Units ALL - Trees designated for cutting shall be mechanically destroyed. This shall include, but is not limited to, chipping, chunking, grinding etc. All treated boles left on site shall be six (6) inches or less above the ground, all treated tops and limbs shall be twelve (12) inches or less above the ground and not to exceed four (4) feet in length. Leaners and hang-ups will not be left untreated and trees that fall outside the unit boundary shall be pulled into the treatment unit and masticated to specifications. Shrubs will be masticated to a height of 6” inches or less above the ground.

g) Lop and Scatter – Slash created by Mastication, or any slash that is not required to be machine piled must be lopped and scattered to a height less than or equal to 12 inches and the boles must not exceed eight (4) feet.

5.3 TASK: Decking of sawtimber and non-sawtimber

Boles must be stacked parallel to each other with a maximum deck height of five (5) feet. Decks will be placed along the perimeter of the landing and in a fashion that allows public access for firewood gathering, or as agreed to with Forest Service. All landings must be approved by the Forest Service.

Technical Specifications See LIST OF ATTACHMENTS for maps and other pertinent information applicable.

SECTION D--PACKAGING AND MARKING

This Section Not Used.

SECTION E--INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services - Fixed-Price. 452.246-70 Inspection and Acceptance.

The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: the worksite.

E.1 ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

Government Quality Assurance Surveillance Plan The Government will inspect completed units as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The government reserves the right to use any inspection method it deems appropriate to assure adequate Quality Control. The Contractor is responsible for providing quality control to assure that work complies with requirements of contract specifications.

All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

Inspections will be made on a series of 1/50th acre (16.67 feet radius) plots located at predetermined intervals across each work unit. Sufficient plots will be taken to obtain at least one percent sample the work unit.

Each inspection plot will be subdivided into four (4) quadrants based on cardinal directions. Each quadrant will be evaluated for compliance with all contract specifications as stated in “Description of Work” that pertains to that individual treatment. If two (2) or more quadrants fail to comply, the plot will fail.

Work Quality Percentage Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory plots divided by the number of plots inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

Acceptance of work will be based on compliance with all C.5.0 Specific Tasks that correspond to the treatment. A minimum basic quality of 85 percent is required to meet the Acceptable Quality Level.

Unsatisfactory Work - If the work quality falls below 90 percent, the COR will immediately notify the Contractor in writing and direct the Contractor to improve the quality of his work. If the quality of work is not raised to an acceptable level within 30 working days after written notification, the Contracting Officer may issue a Suspend Work Order to resolve the problem, during which time contract performance time will continue to run. All work that does not meet contract requirements shall be reworked at no cost to the government until it meets contract specifications. If the contractor does not make the necessary corrections, the Contracting Officer may reduce payment based on the percentage of unacceptable work. Disagreement between the parties will be subject to the clause entitled "Disputes".

In the event that work is performed that is contrary to the requirements in the task order the Government is not liable for costs incurred by the contractor during negligent performance that is without the fault or negligence of the Government.

SECTION G - CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you on time and place of post award conference.

G.1 INVOICES & PAYMENTS

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).

Itemized invoice shall include at a minimum:

Contractor Name & Address

G.2 FOREST SERVICE REPRESENTATIVES:

Toinette Aranda shall serve as the Contracting Officer (CO) on this contract. The Contracting Officer has full warrant authority over all contract issues. The CO can be reached at 719-553-1431 or lroot@fs.fed.us A Contracting Officer Representative (COR) will be appointed for this contract upon award. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

G.3 CONTRACT ADMINISTRATION DATA:

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.4 PRE-WORK MEETING

Prior to commencement of work, the Contractor will meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer.

G.5 WORK PROGRESS SCHEDULE

Upon request the Contractor shall be required to present at the pre-work conference (or within 10 days thereafter) a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements

G.6 MEASUREMENT

The size, shape, and location of the Treatment Areas were estimated via ArcMap GIS software. Positions of features shown on the maps are approximate and were determined via latitude/longitude coordinates.

Re-measurement Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in Part B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities

G.7 CONTRACT RELEASE

The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a 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).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

ADDENDUM to AGAR 452.236-77(c) Paragraph (c) above refers to Changes clause, FAR 52.243-4. Instead the following clause is applicable to this solicitation as referenced in Section I Clause 52.212-4 Contract Terms and Conditions -- Commercial Items

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: CONTRACTOR REPRESENTATIVE, FOREMAN/WOMAN, and INSPECTOR.

(b) During the performance of this contract, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

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

H,1 EMPLOYMENT OF ELIGIBLE WORKERS

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers.

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part

500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving 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.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

· Spouse

· Children, stepchildren, or foster children

· Parents, stepparents, or foster parents, or

· Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, 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.

3. Registration Requirements a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration on line CERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). 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 as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor responsibility to ensure the Subcontractor information is provided to the Contracting Officer.

5. Worker Protections a) Worker Information Posters i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

· Head Protection

· Hearing Protection

· Eye/Face Protection

· Leg Protection

· Foot Protection

· Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet.

· Firefighting

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets- index.htm. a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, driver licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled “452.236-72 Use of Premises in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval. i. Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

ii. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

iii. The campsite must 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. Structures or improvements the contractor fails to remove within the 10 calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site.

iv. Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

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

vi. Servicing of equipment in the campsite is not permissible unless the campsite is within the project area.

vii. Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items.

viii. Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes.

ix. Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition.

x. Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind

xi. Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid. The basic supplies must 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 in width)

· Two triangular bandages

· Scissors

· At least one blanket

· Tweezers

· Adhesive tape

· Latex gloves, and

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

xii. Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water.

xiii. Dispose waste water away from living and eating areas and in such a way that minimizes pollution to lakes, streams, and other flowing water.

xiv. The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

xv. If authorized to have an open fire, the Contractor shall comply with the following fire regulations: • A shovel, axe or Pulaski, a 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.

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

· All generators and other internal combustion engines must be equipped with 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 described in the previous paragraph.

· 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.

c) Include the instructions below, Representations, certifications, and other statements of offerors or respondents. Contractors are required to provide certification of employment status as part of their representations, certifications, and acknowledgements.

H.2 Noxious Weeds The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material.

Disassembly of equipment components or specialized inspection tools is not required. Unless otherwise directed by the CO, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the contractor is moving directly from one contract unit to another.

H.3 Contractor Representative The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.