Poverty Creek ARRA Fuelbreak.doc

Request for Proposal: AG-8399-S-10-0002 Services: Poverty Creek ARRA Fuelbreak Maintenance Project

NAICS CODE: 115310

Due Date:

This is a combined synopsis/solicitation and pre-award notice for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR part 13. This announcement includes the complete solicitation and offerors are hereby requested. A hard copy solicitation will not be issued.

--Offerors shall be submitted to the Gila National Forest, 3005 East Camion Del Bosque, Silver City, New Mexico, 88061, NOT LATER THAN 4:00 PM Mountain Standard Time on 21 January 2010. Offerors may be submitted via electronic interface located on-line at www.fedbizopps.gov (this website) or e-mailed to Billy Lawrence at blawrence@fs.fed.us.

-- Offerors may be submitted on company letterhead or other commercially acceptable format and shall include the following. 1) Price. 2) Past performance questionnaire.

12/23/2009

INFORMATION CALL:

1/21/2010

USDA Forest Service Gila National Forest

3005 E. Camino del Bosque

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $17.5 OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

12. DISCOUNT TERMS

Net 30 days

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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Gila National Forest, Contracting Officer 3005 E. Camino del Bosque, Silver City, NM 88061

16. ADMINISTERED BY CODE

US Forest Service EROC West 1323 Club Drive Vallejo, CA 94592

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

CSC-FS

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Delivery: 60 Days After Issuance of Notice to Proceed (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Furnish all equipment, labor, supervision, transportation, operating supplies, and incidentals necessary to perform thinning and treatment of slash in accordance with terms, conditions, and specifications of this solicitation and any resulting contract Unit 1 – Hand Thinning – Initial Treatment – 126 acres

2. Unit 2 – Hand Thinning – Re-treatment – 149 acres All Pricing shall include the New Mexico Gross Receipts Tax

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32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECTFOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

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FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

POVERTY CREEK ARRA FUELBREAK MAINTENANCE PROJECT

B- 1 - SCHEDULE OF ITEMS

1. Unit 1 – Hand Thinning – Initial Treatment – 126 acres

Lump Sum

2. Unit 2 – Hand Thinning – Re-treatment – 149 acres

Lump Sum

All Pricing shall include the New Mexico Gross Receipts Tax

No award will be made unless quoter is currently registered in the CCR database. Current DOL MSPA proof of registration required (MSPA Number) See Section M for award criteria. Quoters must submit Attachment 2 and response to Section M

Please Note: -There will be a Pre-Bid Site Visit on January 14, 2010 starting at 10:00 a.m. at the Black Range Ranger District Office, Truth or Consequences, New Mexico. Contact Dennis Fahl or James Apodoca at (575) 894-6677.

-Acknowledgement of Safety/Housing/Health/Insurance clauses of Section H.

“I have read and will abide by the provisions of Section H”:

Signature:__________________________________________

Date: _____________________________________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Poverty Creek ARRA Fuelbreak Maintenance Project

ARRA FUNDED PROJECT

General Specifications Gila National Forest

WFM-0306-49HF – Poverty Creek ARRA Fuelbreak Maintenance Project

Section 1-General

1.1 Scope of Work:

The contractor shall provide any and all labor, equipment, supervision, transportation, operating supplies, services, permits, and licenses necessary to perform tree thinning and slash treatment on approximately 275 acres, on the Black Range Ranger District of the Gila National Forest. This contract requires tree thinning, slash treatment, and related work in compliance with its terms, specifications and provisions.

There are no government furnished property or services and there are no salvage rights for the contractor. The contractor must be registered with the Department of Labor under the Migrant Seasonal Workers Protection Act. Prospective bidders must be registered in the CCR database prior to award. This contract is a Performance Based, firm-fixed price contract. There is no salvageable material associated with this contract.

Location and Description:

The work is located on the Black Range Ranger District, Gila National Forest, Sierra County, New Mexico. Poverty Creek WUI (Township 10, Range 09, sections 5/6, Township 9, Range 9, sections 31/32), the project area is approximately 50 miles west northwest of Truth or Consequences, and sits within Sierra County.

Access:

From Truth or Consequences take NM 52 to Winston and then turn North on 52, continue to the junction of NM 52 and 59, turn west on NM 59 and travel to Poverty Creek. Once in Poverty Creek portions may be accessed through private property and or through Forest Service land.

Boundaries:

The outer boundary is marked by using orange paint double lined facing the interior of the project. If the boundary has faded beyond recognition a temporary orange flag line will be in place.

Cultural resource sites have been discovered within the project area They will be flagged and/or marked.

Work on the project shall be coordinated with the COR to avoid conflicts with environmental guidelines or other projects.

Pre-Work Conference:

Before the beginning of work, the Contracting Officer will arrange for a pre-work conference to be held at the Black Range Ranger District Office in Truth or Consequences, New Mexico to discuss contract terms, work performance requirements, standards and the contractor's plan for conducting work.

Site Visit:

There will be a pre-bid site tour on January 14, 2010, starting at 10:00 a.m. at the Black Range Ranger District Office, 1804 North Date, Truth or Consequences NM. Contact Dennis Fahl or James Apodaca at (575) 894-6677 if you are interested in attending.

Motorized Equipment:

Use of motorized equipment other than hand held equipment such as power saws and brush cutters is permitted off designated roads in the project area. Road surface rutting that is caused by operating vehicles on wet or soft soils is not permitted.

Cultural Resource Sites:

All slash created by thinning within site boundaries will be removed by hand (lifting and carrying) to prevent surface artifact displacement and disturbance.

No dragging of slash or equipment across cultural resource sites will be allowed.

1.2 DETAILED UNIT INFORMATION:

The acreage shown is for information purposes only and no guarantee is made to its accuracy. The mapping was done using a GPS unit (global positioning system) and transferring downloaded information onto a map using Arc View GIS version 9.2. It is the contractor's responsibility to determine the amount of work required to cut, lop and scatter vegetative material in accordance with contract specifications within the boundaries of the project. It is highly recommended that prospective bidders visit the site to determine the amount of work necessary to meet the contract specifications.

Unit 1 - Initial treatment - Approximately126 acres.

· This portion will complete the initial entry around the community of Poverty Creek and Poverty Creek Pines subdivision. This area consists of thick pinion juniper woodlands and one riparian area. The terrain in this unit consists of flat to very steep terrain with limited access.

Unit 2 - Re-treatment - Approximately 149 acres

· This area has been previously treated and the intent of re-entry is to reduce existing standing snags, reduce the amount of sprouting while utilizing an updated silvicultural prescription. These areas consist of primarily ponderosa pine, pinion-juniper stands with portions of flat to very steep terrain with very limited access.

1.3 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. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

SECTION II--TECHNICAL SPECIFICATIONS

Leave Tree Selection Preference:

A) Leave the best 6-8 trees per clump. If 6 trees are unavailable, leave the best 5, 4, 3, 2, or 1 tree.

B) Leave trees dominant or co-dominant with a crown ratio of 30% or more.

C) Leave trees with the best form and branching characteristics. There may be slight growth irregularities (forked top above 12 feet, slight crooks/sweeps).

D) Leave trees free from insect infestations/disease.

E) Leave tree preference (in order of preference): - All trees >16” DBH, All Gambel oak trees, all riparian hardwood species, juniper, and pinyon pine free of visible signs of insect and disease, healthy ponderosa pine trees free of visible signs of dwarf mistletoe.

Group spacing definition and Cutting Methods:

1st 50-100 feet adjacent to private land

1) When a clump of trees (6 or more trees of any species) larger than 16” DBH is present,

a) cut all trees with the exception of aspen that is smaller than 16.1” DBH that are under the large tree clump crown dripline

b) cut all trees with the exception of aspen that is smaller than 16.1” DBH for 70-75 feet from the edge of the large tree clump crown dripline

2) In areas where there are fewer than 6 trees larger than 16” DBH or only trees smaller than 16.1” DBH, space clumps of 6 to 8 trees 55 to 60 feet apart from edge of clump crown dripline leaving the largest and healthiest trees in the clump. Always leave trees that are larger than 16” DBH when selecting leave trees

3) Safety Hazard trees – Cut any dead or dying tree regardless of size that pose a safety concern. These trees should be of threat to falling within the next one to two years.

100-200 feet adjacent to private land

1) When a clump of trees (6 or more trees of any species) larger than 16” DBH is present,

a) cut all trees with the exception of aspen that is smaller than 16.1” DBH that are under the large tree clump crown dripline

b) cut all trees with the exception of aspen that is smaller than 16.1” DBH for 60-65 feet from the edge of the large tree clump crown dripline

2) In areas where there are fewer than 6 trees larger than 16” DBH or only trees smaller than 16.1” DBH, space clumps of 6 to 8 trees 45 to 50 feet apart from edge of clump crown dripline leaving the largest and healthiest trees in the clump. Always leave trees that are larger than 16” DBH when selecting leave trees

3) Safety Hazard trees – Cut any dead or dying tree regardless of size that pose a safety concern. These trees should be of threat to falling within the next one to two years.

300 feet +

1) When a clump of trees (6 or more trees of any species) larger than 16” DBH is present,

a) cut all trees with the exception of aspen that is smaller than 16.1” DBH that are under the large tree clump crown dripline

b) cut all trees with the exception of aspen that is smaller than 16.1” DBH for 50-55 feet from the edge of the large tree clump crown dripline

2) In areas where there are fewer than 6 trees larger than 16” DBH or only trees smaller than 16.1” DBH, space clumps of 6 to 8 trees 35 to 40 feet apart from edge of clump crown dripline leaving the largest and healthiest trees in the clump. Always leave trees that are larger than 16” DBH when selecting leave trees

3) Safety Hazard trees – Cut any dead or dying tree regardless of size that pose a safety concern. These trees should be of threat to falling within the next one to two years.

Riparian Areas – no change from original prescription

Areas with Slopes 30% - no change from original prescription

Active erosion sites – no change from original prescription

The original prescription states the following:

Riparian Areas: Remove all conifer (ponderosa pine, pinyon, and juniper) trees leaving only hardwood riparian species (cottonwood, alder, etc) to restore riparian area while reducing fuel loading. Thin from below trees up to 15.9”DBH to achieve an average residual basal area or 40 square feet. Designate individual leave trees. Where no tree larger than 15.9”DBH occurs, space living crowns of individual trees or group tree 20 x 20 feet.

Slopes >30% and area of active erosion: >30% - Thin from below trees up to 15.9’DBH to achieve an average residual basal area of 60 square feet. Designate leave trees individually or in groups. Where no tree larger than 15.9”DBH occurs, space living crowns of individual trees or group of trees 16 x 16 feet. Leave these area untreated if such action will not compromise the integrity of the fuelbreak. Active Erosion – Retain all trees within/immediately adjacent to active erosion sites.

Slash Treatment:

Lop slash within twenty-four inches of ground level and scatter away from leave trees/leave tree groups. Cut felled trees into four foot to six-foot lengths. All roads shall be kept clear of slash to a distance of 6 feet.

SECTION III-GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The property and services that will be provided by the Government are: location and project maps

SECTION IV—CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish all labor, equipment, tools, and transportation required to perform this Performance Work Statement (PWS).

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table in Section 7. The contractor shall cut, buck, and lop and perform all associated work.

Submittals: The contractor shall provide the following submittal.

Quality Control Plan: The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified

Work Plan: The work plan shall describe how the contractor plans to perform the project work. Include methods, personnel and equipment.

Work Schedule: The work schedule shall describe when the contractor plans to perform the project work. Include methods, personal and equipment.

Progress Schedule: The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task.

SECTION VI - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

Attachments and exhibits are found in Section J of the contract.

SECTION VII—PERFORMANCE REQUIRMENTS SUMMARY

The Contracting Officer's Representative will inspect all work to insure contract compliance, in accordance with the clause entitled, "inspection of Services - Fixed Price" (FAR 52.246-4, APR 1984).

The Contractor or his representative is encouraged to conduct their own inspection prior to requesting an inspection by the Contracting Officer’s Representative (COR). During an inspection by the COR the contractor is encouraged to observe the inspection and will receive inspection summaries upon request.

VIII. MEASUREMENT AND PAYMENT

Acreage is provided to aid the bidder in preparing a bid. The approximate acreage of the unit was determined by using a GPS unit. The acreage shown is for informational purposes only and no guarantee is made as to their accuracy. It is the contractor’s responsibility to determine the amount of work required to treat regeneration in accordance with contract specifications within the boundaries of the project. It is highly recommended that prospective bidders visit the site to determine the amount of work necessary to thin and lop where required, in order to meet the contract specifications.

8.2 Basis of Payment: Payment shall be made based on the lump sum bid for each unit as shown in Part I, Section B, Supplies/Services and Prices/Costs. Progress payments may be requested for completed work on unit. The Government estimate of percent on unit satisfactorily completed shall govern.

8.3 Invoice Requirements:

1. Name and address of the Contractor.

2. Invoice date and invoice number.

3. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

4. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5. Shipping and payment terms.

6. Name and address of Contractor official to whom payment is to been sent (must be the same as that in the contract or in a proper notice of assignment).

7. Name (where practicable), title, phone number, and mailing address of person to notify in the even of a defective invoice.

8. Any other information or documentation required by the contracts (e.g., evidence of shipment).

8.4 Calculation of Payment for Slash Treatment: All slash treatment will be considered incidental to treatment of regeneration and no separate payment will be made.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is 60 calendar days.

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

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

Manager/Superintendent

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

Note: The anticipated performance period for this contract is NTE 60 days however, the clause above does still apply.

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

SECTION H

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.

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.

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.

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.

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 shall 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, aA 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 USForest 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.

SECTION H – ARRA CLAUSES

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009--Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

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.

(End of clause)

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. Insert the clause at 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This includes, but is not limited to, Government wide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite-delivery/indefinite-quantity (ID/IQ) contracts that will be funded with Recovery Act funds. Contracting officers shall ensure that this clause is included in any existing contract or order that will be funded with Recovery Act funds. Contracting officers may not use Recovery Act funds on existing contracts and orders if the clause at 52.204-11 is not incorporated.

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts…