2012FeralCowGathering_RFQ.doc

SERVICE RFQ

SOL NO: AG-8399-S-12-0028

UNIT: Wilderness RD

PROJ NAME: 2012 Feral Cow Gathering

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

Gila National Forest

3005 E. Camino del Bosque, Silver City, NM 88061 365 calendar days after Notice To Proceed.

FOB DESTINATION

OTHER (See Schedule)

Billy D. Lawrence (Contracting Officer) Johnny Zapata (COR)

388-8340 536-2250

a. NAME OF CONSIGNEE

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

Gila National Forest See Schedule B

(next page)

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

LINE

ITEM #

DESCRIPTION

UNIT of ISSUE

QTY

UNIT

PRICE

TOTAL

PRICE

Feral Cow Capture Mobilization/Demobilization Dead Cattle Weaned calves less than six months of age.

Mileage to deliver cattle to sale/auction.

EA

LS

EA

EA

MILE

EA

TOTAL

Offerors prices shall include all mobilization/Demobilization, labor, materials, equipment, all transportation of cattle and applicable Federal and New Mexico Gross Receipts Tax.

See Section M for evaluation criteria. Offeror’s must submit Experience Questionnaire in response to Section M.

Please Note: There will be a Pre-Bid Site Visit on August 14, 2012 starting at 10:00 at the Wilderness Ranger District Office, Mimbres, New Mexico. Contact Johnny Zapata at: 575-536-2250 if you will be attending the site visit.

NOTE: FACSIMILE OR EMAIL OFFERS WILL NOT BE CONSIDERED FOR AWARD.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

This contract requires the capture and removal of approximately 40 head of unauthorized feral cattle from the Wilderness Ranger District, Gila National Forest. This includes the contractor furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals to accomplish this work, while complying with all of the requirements and provisions spelled out in this solicitation.

LOCATION AND DESCRIPTION

Project area is located on the Wilderness Ranger District, Gila National Forest. Specific area is bounded on the east by State Highway 15, the south by Gooselake Ridge, the west by Turnbo, Sycamore, Turkey Creek, Shelley and the north by Little Creek (see map).

TECHNICAL SPECIFICATIONS

The work consists of locating, capturing and removing, approximately 40 head of feral cattle from the project area as described above. Because of the topography, and wildness of the cattle, a more accurate number could not be determined. The COR shall provide the contractor any information concerning the location of feral cattle in the area that may become known during the contract period.

The cattle are to be captured and removed using conventional livestock gathering methods. Contractor shall then lead the cattle out of the project area. Once the cattle reach a designated trailhead, or holding corral they shall be held at this facility for no more than 48 hours or as otherwise directed by the Contracting Officer or designated representative. Tentative approved holding locations are: Sheep’s Corral or the Horse Barn corrals at the Gila Visitor Center.

The contractor shall not use cruel or inhumane practices or methods to capture the feral cattle, and once caught shall not handle the animals in a cruel or inhumane manner. It shall be the responsibility of the contractor to provide reasonable care of the captured animals until they are no longer in their possession. It is mandatory that the contractor accomplish the work within the Gila Wilderness using livestock, pack animals and non-motorized mechanized equipment only.

Once the contractor captures the cattle, the contractor shall be responsible for contacting the local NM Livestock Board (NMLB) brand inspector to arrange for inspection of all cattle to determine ownership. The contractor shall be responsible for the feeding and care of the animals from the time they are captured until they are either turned over to the State of New Mexico, the forest service or delivered to the livestock sale barn in Belen, New Mexico. Unbranded cattle: The contractor shall be responsible for the care and transportation of unbranded cattle to the livestock sale in Belen, New Mexico or other location as designated by the NMLB brand inspector.

Branded cattle: If cattle are branded, the Forest Service shall hold and care for these cattle until the ownership has been established and pending the recovery of these animals by the owner.

While pursuing and capturing these feral cattle, some animals may die, become injured, or be driven to areas where they cannot be retrieved. It is possible that some animals may have to be destroyed. The humane disposal of injured, crippled, or irretrievable animals will be the responsibility of the contractor. If an animal is accidentally killed or has to be destroyed, the contractor will photograph the dead animal with a view showing each side of the animal and a front view and views of both sides of the head (required for payment) so that it can be determined if the animal had been branded or was earmarked. The contractor is also responsible for providing the GPS coordinates of the animal carcass.

The Contractor shall furnish all labor, tools, equipment, supplies and incidentals necessary to accomplish the above described work. All trailers and vehicles shall be maintained and licensed in compliance with appropriate State laws and regulations, and shall be the type of equipment designed for the safe handling and humane transportation of livestock. The contractor’s pack and saddle stock as well as stock dogs shall be properly cared for and provided adequate feed, water, and shelter.

WORK COORDINATION AND OPERATING PLAN

The location of the trailheads where the contractor enters and leaves the Gila Wilderness, the location of the contractor’s base camp, and the location of any temporary holding facilities will be approved by the COR. The COR will meet with the contractor to discuss the contractor’s approach to the work. The contractors approach to the work shall be based upon the location of the cattle in the wilderness, the needs of the contractor, concerns of the Forest Service for public safety, and the possible interaction of this work with other activities.

PRE-BID MEETING

A pre-bid meeting will be held at the Wilderness Ranger District at 10:00 a.m. on 08/14/2012. Please contact Johnny Zapata at 575-536-2250 if you plan on attending the site.

DEFINITIONS

Head of Cattle/Animal Unit –weaned calves under 6 months of age are counted as a single unit. Un-weaned calves under this age shall be counted as a cow/calf pair and as on one unit for the purpose of payment and for determining the number of cattle to be removed.

SPECIAL RESTRICTIONS

Once captured, animals shall not be tied to trees or other stationary objects for more than 24 hours without being provided feed and water. If captured animals are tied to drags or sidelined, they will be checked to ensure they have not become entangled at least once every 24 hours. When captured animals are tied up, the contractor shall not tie them where the general public would likely encounter the livestock.

The contractor may pursue cattle on adjacent allotments only after prior coordination with the COR.

The contractor shall not be allowed to construct trails, traps, wings, or holding facilities unless authorized by the COR prior to the construction. If structures are authorized, they must be removed prior to the final payment of funds to the contractor. Final payment may be withheld until all temporary structures have been removed to the satisfaction of the COR.

In the event any animals die during the process, and the contractor has to dispose of any animals, the contractor shall provide the following information regarding these animals: descriptions of brands if present, sex of animal, approximate age of animal, GPS location of carcass, and photographs of the animal as described above. Dead animals shall not be left near waterways or trails. The contractor is expected to move animals that are destroyed to an area away from where the general public is likely to encounter them.

The Contracting Officer shall designate start and stop dates during the life of this contract. The contractor shall not be allowed to gather cattle on Memorial Day Weekend, or July 4th.

Practices that intentionally injure animals so that they can be caught will not be authorized. Use of tranquilizers will require prior approval by the COR.

The contractor may set up long-term camps and pasture their stock in areas approved by the COR.

Salting will be allowed to attract or locate the feral cattle.

All hay utilized by the contractor on National Forest land shall be certified weed free and approved by the COR prior to usage.

The contractor shall pack out and dispose of, all garbage and other items that are a result of the contractor’s activities.

CONTRACTOR FURNISHED EQUIPMENT

The contractor shall provide all vehicles, saddle horses, dogs, and other equipment and supplies required to capture and remove the feral cattle from the project area and to transport these livestock to the location designated by the COR or NMLB brand inspector.

The government shall not be liable for any damage or injuries that occur to any persons/equipment/property used by the contractor in the execution of this contract.

GOVERNMENT FURNISHED EQUIPMENT

The government will retain full ownership and control of any property which it may temporarily provide to the contractor and retains the right to withdraw this property from use at the governments discretion. The contractor shall acknowledge and sign proper documentation for any government furnished property provided to them and shall return the property to the government upon completion of the contract and prior to final payment is issued. The contractor shall be responsible for any damage to government property.

The contractor shall make arrangements with the COR for any maintenance or repair of government furnished property.

DELIVERIES OR PERFORMANCE

The contractor shall begin work within 10 days after Notice to Proceed. Unless the contractor completes work sooner, ninety days after the contractor begins work, the Contracting Officer will evaluate the contractor’s performance and determine if work should be continued or if the contract should be terminated. Work can be continued if the CO determines that a continuation of the work is likely to result in removal of a significant portion of any feral cattle remaining in the area.

PROTECTION OF CULTURAL RESOURCES, THREATENED AND ENDANGERED SPECIES, AND OTHER NATIONAL FOREST RESOURCES

The contractor is not authorized to disturb, remove, damage, or destroy cultural resources, threatened and endangered species, geological features, or vegetation within the National Forest while performing work under this contract. In addition, the contractor may be held liable for all damage to cultural resources, threatened and endangered species, geological features, or vegetation caused by their actions or the actions of their agents or representatives, if it is determined that the damage was caused by an intentional act or gross negligence. The contractor shall immediately notify the Forest Service COR if damage occurs to any cultural resource, threatened and endangered species, geological feature, or vegetation, and immediately halt work in the area in which damage has occurred until authorized to proceed.

BASIS FOR PAYMENT

Payment shall be made as per the schedule of items. Progress payments may be made in increments as work is completed, or payment will be one lump sum following completion of the work.

1. Mobilization Cost

A onetime lump sum payment shall be made for the cost of the contractor’s mobilization (in and out) while establishing and maintaining a base for their operations. Included in this item shall be the cost of the contractor to scout and become familiar with the area and to spend time locating any cattle in the project area.

2. Head of Livestock/ Animal Unit Captured and Removed

Payment is based on the number of Animal Units or head of cattle captured and removed (in good condition) from the Gila Wilderness and inspected by the NMLB brand inspector. The payment will be calculated based upon the amount bid in item 001, times the number of animals captured and removed. The following is an example of how payment for this item will be calculated:

$_______ (Contractors price per Head of Livestock/Animal Unit removed) X ___ (# of cows removed from Wilderness/inspected by the NMLB brand inspector)

$_______ (Amount of Payment)

The contractor will submit a copy of the NMLB inspection documents to the COR for verification of the number of animals captured and removed. All progress payment invoices shall be signed and approved by the COR prior to delivering to the Contracting officer for payment.

3. Destroyed Animals

Payment is based on the number of animals that are accidentally killed, die, or have to be destroyed. The payment will be calculated based upon the amount of bid in item 3, times the number of documented and photographed dead animals. The contractor shall submit a copy of all documentation, GPS locations and necessary photographs to the COR for verification of the number of animals destroyed.

4. Mileage Rate for Transporting Captured Animals

Payment is based on the miles driven from the designated holding areas to deliver the captured cattle to the destination point specified by the NMLB brand inspector or the Forest Service COR. The payment will be calculated based upon the amount in item 5 of the schedule of items, multiplied by the total number of miles driven to deliver the cattle. The contractor will submit odometer readings or other appropriate documentation of miles driven.

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 shall 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 shall 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 October 1, 2012 – September 30, 2013 (with the exception of Memorial Day weekend and July 4, 2013) as designated by COR date noted in the Notice to Proceed.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It shall be scheduled prior to start of the work.

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: __________________

(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 shall notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract shall be modified to reflect any approved changes of key personnel.

Non Discrimination The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202)720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800)795-3272 (voice) or (202)720-6382 (TDD). USDA is an equal opportunity provider and employer.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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 shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (APR 2002) (Applicable if contract exceeds $10,000)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-41 Service Contract Act of 1965, as Amended (MAY 1989)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2003)

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

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

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

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

52.245-1 Property Records (APR 1984) 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 Central Contractor Registration (OCT 2003)

(a) Definitions. As used in this clause-

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

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

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

"Registered in the CCR database" means that-

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

(2) The Government has validated all mandatory data fields and has marked the record "Active".

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

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

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

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer shall proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract shall be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor shall be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Monetary Wage--Fringe Benefits

____GS-5_________

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract shall, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 10 days This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Map Wage Determination

Fire Plan Past Performance Questionnaire WD 69-0115 (Rev.-47) was first posted on www.wdol.gov on 06/19/2012

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage | Wage Determination No: 1969-0115

Director Determinations | Revision No: 47

| Date Of Revision: 06/13/2012

State: New Mexico

Area: New Mexico Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for forestry and land management services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 11.77

08040 - Choker Setter 11.13

08070 - Faller/Bucker 14.27

08100 - Fire Lookout 11.77

08130 - Forestry Equipment Operator 15.85

08160 - Forestry/Logging Heavy Equipment Operator 18.73

08190 - Forestry Technician 12.45

08200 - Forestry Truck Driver 18.73

08250 - General Forestry Laborer 10.45

08280 - Nursery Specialist 16.32

08310 - Slash Piler/Burner 11.77

08340 - Tree Climber 13.16

08370 - Tree Planter 9.60

08400 - Tree Planter, Mechanical 9.60

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.71 per hour or $148.40 per week or $643.07 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther

King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor

Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the

Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that

Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the

"Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the

Wage and Hour Division, Employment Standards Administration, U.S. Department of

Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of

Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

GILA NATIONAL FOREST FIRE PLAN

The contractor shall be responsible for the cost of suppressing all fires caused by his operation, and for all damage to any property of the USDA Forest Service or third parties. The USDA Forest Service reserves the right to participate in extinguishing any fires caused by the contractor's operations and the contractor shall reimburse the USDA Forest Service for the cost of all suppression, activities ordered or directed by the USDA Forest Service. The following requirements are a part of this solicitation and any resultant contract.

1.Fire Prevention - During periods of contract performance, fire requirements shall be met by the contractor.

2. Execution of Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the

Contracting Officer's Representative (COR) except in cases of emergency or

Forest closure.

b. The contractor shall designate a fire plan representative who shall be responsible for executing and carrying out the fire requirements.

c. The contractor shall include the fire requirements in all subcontracts.

d. The contractor shall assure that all contract employees are informed of the existence and conditions of the fire requirements.

3. Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the contractor will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections approved by the COR.

c. The contractor's fire plan representative shall make daily inspections to insure that the terms of the fire requirements are met at all times.

4. Fire Prepression Requirements

Fire Tool Box

(1) During contract performance, the contractor shall furnish and maintain, at the contractor's expense, one fire toolbox at the campsite or some central location, as long as it is within 1/4 mile of the location where the contractor is currently performing work.

(2) The fire toolbox is to be maintained with tools in good condition in the following quantities for each five people in the contractor's work force.

The equipment is for the sole purpose of firefighting. Four shovels, two axes, one Pulaski and five each 1-gallon canteens. Where needed, brush hooks and McLeod tools may be substituted for shovels or axes.

(3) The fire toolbox shall be replenished by the contractor after each incidence of fire use.

b. Work Hours - The contractor shall restrict operations in accordance with the following emergency fire precaution schedule unless the COR waives the requirement in writing. Each day of operation when there is a predicted change in the fire precaution plan, the Forest Service will inform the contractor between 3 and 6 p.m. MST (4 and 7 p.m. MDT). Notification will be made of the alphabetical industrial fire precaution plan (Exhibit 1) to be followed the next day within the local operating area. No later than 9 a.m. MST (10 a.m. MDT) the following day, the Forest Service will inform the contractor of any change in the fire precaution schedule.

c. Blasting - Use of caps and safety fuse detonators for blasting is not permitted when fire precaution plan C or D is in effect. Afire guard shall be required in accordance with the enclosed emergency fire precaution schedule. This individual, when required, shall remain on duty for at least 1 hour after blasting is finished. Minimum equipment shall consist of a round-pointed, size 0 or larger shovel and a 3 to 5 gallon backpack pump filled with water. Blasting hours are restricted under fire precaution plan C, and blasting is prohibited under fire precaution plans D.

d. Welding - An area commensurate with the amount of welding to be accomplished shall be cleared before welding operations are started.

Written permission must be obtained from the COR during fire precaution plan B, C and D. As a minimum, a 3 to 5 gallon backpack pump filled with water is to be available in addition to the vehicle fire extinguisher. The area in the immediate vicinity of the operation shall be wet down before and after operations. The area adjacent to the welding operations shall be thoroughly checked for fires for 1 hour after welding.

e. Fire Guard - The contractor shall designate at least one representative to train and supervise each work crew in fire prevention, detection, and suppression.

To prevent, detect, and suppress fires, the contractor shall provide a trained fire guard for projects involving internal combustion engines. The fireguard shall perform guard duties during operating hours. The fireguard may perform contract work in conjunction with fireguard duties.

Each fireguard shall report all fires and take suppression action on any fire that starts on the project area. Each fire guard shall be equipped with a vehicle and a fire tool cache consisting of a fire cache box, two size 0 shovels, two Pulaski’s, two McLeod tools, and two 4 to 5 gallon back pack pumps filled with water. All equipment and tools shall be maintained in serviceable condition.

5. Fire Suppression

a. The contractor shall take independent action on the suppression of all fires in the work area or vicinity. Vicinity is defined as a 1/4 mile extension from the operations area boundary.

b. All Forest fires shall be reported to the District Ranger's Office as soon as possible. Even though the fire has been suppressed by the contractor's crew, this report is required. The office and telephone number to which fires shall be reported will be furnished to the contractor prior to start of contract work.

6. Equipment Requirements

a. All gasoline and diesel equipment (except turbocharged) used on the project shall be equipped with spark arresters approved in the Spark Arrester

Guide, USDA Forest Service, June 1983.

b. All internal combustion engines must be inspected before use on the job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used until repairs are made.

c. Serviceable baffled mufflers with standard exhaust tailpipes are considered adequate on trucks, pickups, and sedans.

d. Equipment service areas and gas and oil storage areas shall be cleared of brush, litter, debris, and grass for a radius of at least 50 feet.

e. Each piece of motorized equipment not included in item F below shall be equipped with a round-pointed shovel and fire extinguisher.

f. Fuel trucks, service trucks, and the work camp shall be equipped with a shovel, DB axe, and class ABC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight.

The shovels and fire extinguishers are in addition to those required for the

Toolbox (4.a.). These shall be furnished and maintained at the contractor's expense.

g. All crawler tractors and rubber-tired equipment suitable for fire suppression work shall be prepared for nigh time use by mounting of brackets for potable, self-contained, battery-operated lights, provided by the Forest Service.

h. Power saws shall be kept in a safe, serviceable condition at all times. Each power saw shall be equipped with an approved spark arrester/muffler system meeting the SAE J-335b standard.

(1) The refueling of power saws shall be done on mineral soil and the

Saw shall be moved at least 10 feet from the point of refueling to another barren spot before being started.

(2) Power saws with warm, or hot spark arresters/mufflers (running or not) shall not be placed or rested on sawdust piles, litter duff, stumps or spots that is easily ignited.

(3) Each power saw shall be accompanied by one round pointed shovel in good condition and a metal fuel-safety can. One chemical pressurized fire extinguisher, 8 ounces or larger, is to be kept with the power saw operator at all times while working on the project. The shovel is to be kept with the fuel supply.

7. Smoking and Fires

a. Smoking

(1) No smoking shall be allowed while traveling, except on surfaced highways. A surfaced highway is any road that is oiled, graveled or otherwise paved.

(2) Smoking is not permitted while working. Smoking is only permitted on breaks in areas having a clearing of at least 3 feet in diameter to bare soil.

b. Fires - No warming, burning of debris, or cooking fires shall be permitted during periods of high or above fire danger except in designated places or by written permission.

8. Violations

a. Violations of the smoking regulations (36 CFR 261.52(a)(c)(d) and fire require-ment will result in criminal action against the violator. The contractor shall advise all employees of this regulation.

b. Violation or deficiencies of fire requirements shall result in immediate suspension of operations until the deficiency or violation is corrected.

Repetitive violations will be grounds for default termination.

9. Historical Data - The following data on the Forest area involved is to be provided for the contractor's information. The data will be based on records for the past 10 years.

Total fire season April 1 to October 31

Average number of days of Plan A 192

Average number of days of Plan B 15

Average number of days of Plan C 7

Average number of days of Plan D 3

Exhibit 1

EMERGENCY FIRE PRECAUTION SCHEDULE

0,1,2

A

B

C

D

PAST PERFORMANCE QUESTIONNAIRE

1. CONTRACTOR NAME, ADDRESS, & TELEPHONE NUMBER

2. BUSINESS TYPE

[ ] COMPANY [ ] INDIVIDUAL

[ ] CORPORATION

[ ] CO-PARTNERSHIP

[ ] NON-PROFIT ORGANIZATION

3. HOW MANY YEARS DOES YOUR FIRM HAVE IN THE LINE OF WORK CONTEMPLATED BY THIS SOLICITATION?

4. HOW MANY YEARS EXPERIENCE IN CONTRACTING HAS YOUR BUSINESS HAD AS AN (a) PRIME CONTRACTOR __________ AND/OR (b) SUB-CONTRACTOR __________? IS THIS TIME CONCURRENT? ___________

5. LIST BELOW THE PROJECTS YOUR BUSINESS HAS COMPLETED WITHIN THE LAST THREE YEARS:

CONTRACT

AMOUNT

COMPLETED

NAME, ADDRESS & TELEPHONE NUMBER OF

OWNER/PERSON TO CONTACT FOR INFO.

6. CONTRACT

NUMBER

DOLLAR AMT.

OF AWARD

NAME, ADDRESS & PHONE NO.

OF AGENCY INVOLVED

COMPLETED

UNITS

AWARDED

7a. HAVE YOU EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU? [ ] YES [ ] NO

7b. HAS WORK EVER BEEN COMPLETED BY PERFORMANCE BOND? [ ] YES [ ] NO

7c. IF “YES” TO EITHER ITEM 7a OR 7b, SPECIFY LOCATION(S) AND REASONS(S) WHY:

(continued)

8. ORGANIZATION AND WORK THAT WILL BE AVAILABLE FOR THIS PROJECT:

a.(1) MINIMUM NO. OF EMPLOYEES: __________ AND a.(2) MAXIMUM NO. OF EMPLOYEES: __________

b. ARE EMPLOYEES REGULARLY ON YOUR PAYROLL: [ ] YES [ ] NO

c. SPECIFY EQUIPMENT AVAILABLE FOR THIS…