2016_Upper_Moraga_WSIUnit6kg1(Autosaved).pdf

SERVICE SOL NO: AG-8399-S-17-0006

UNIT: Gila National Forest

PROJ NAME: 2017 Upper Moraga Thinning

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PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

Item/Description Unit of Measure Price

Furnish all necessary materials, labor, supplies, supervision, equipment and incidentals needed to perform tree thin/cut of approximately 156 acres of pinyon pine, ponderosa pine and juniper to include a minimum of 2 foot lopping and scatter of thinning slash on the Reserve Ranger District.

1. Thinning of approximately 156 acres.

156/Acre

TOTAL $____________

All pricing shall include the New Mexico gross receipts tax.

DUNS NO: _________________________

TIN NO: ___________________________

No award will be made unless offeror is currently registered in the SAM database. Current DOL MSPA proof of registration required (MSPA Number).

Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Registration No:__________________

See Section M for award criteria.

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

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

Signature:______________________________________ Date:________________________________

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

Response to Section M.

Please certify AGAR 452.209 Tax Delinquency on page 28 of solicitation.

NOTE: FACSIMILE OR E-MAIL OFFERS WILL NOT BE CONSIDERED FOR AWARD.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2017 Upper Moraga Thinning

SECTION 1- GENERAL

1.1 SCOPE OF WORK:

The contractor shall provide any and all labor, equipment, supplies, services, permits, and licenses necessary to perform work on approximately 156 acres, of ponderosa pine, pinyon pine, gray oak, and juniper tree cutting and slash treatment on the Reserve Ranger District of the Gila National Forest.

The contractor shall be registered with the Department of Labor under the Migrant and Seasonal

Workers Protection Act.

This statement of work consists of completing the tasks/subtasks in Section 5 to the Performance

Requirement in Summary Section 7.

LOCATION DESCRIPTION: The Work is located on the Reserve Ranger District, Gila National

Forest, New Mexico. The project legal is Township 7 South, Range 15 West, Section 29 and Section 8

& 17 (see map).

ACCESSIBILITY: Access is via Highway 12, Forest Road 94 and 4047C, and County Road B054 to the project area in the Reserve Ranger District.

BOUNDARIES: Marked in orange paint and/or flagged. Boundaries will be explained at the site visit and at the pre work conference.

PRE-WORK CONFERENCE: Before the beginning of project work, the Contracting Officer will arrange for a pre-work conference to be held at the Reserve Ranger District Office in Reserve, 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 December 28th, 2016 starting at 10:00 a.m. at the

Reserve Ranger District Office, HWY 12, Reserve, New Mexico. Contact Amanda Gehrt at (575) 533-

6231 if you are interested in attending.

SALVAGEABLE MATERIAL: None.

MOTORIZED VEHICLES: Use of motorized vehicles will be restricted to the roads within project areas and roads in agreement prior to the start of project work. Motorized vehicles will also be restricted during wet conditions to prevent soil damage.

CULTURAL RESOURCE SITE: Cultural resource sites located within the project unit will be designated on the ground for no treatment. Boundaries will be explained by the COR.

TREES TO BE CUT: Cut all live and dead juniper trees, pinyon pine and ponderosa pine trees of all sizes.

LEAVE TREES: Leave all trees marked with a single orange line. Gambel Oak trees shall not be cut.

LOPPING AND SCATTERING: Cut all limbs from the bole of the felled trees to achieve a slash depth not greater than 24 inches above ground.

FELLING: All cut trees shall be directionally felled away from unit boundary, fences, drainages, cultural resource sites, and established land corners. Any trees on such areas shall be removed.

STUMP HEIGHT AND REMOVAL OF LIVE LIMBS: All trees other than leave trees shall be cut below the lowest live limb, except when prevented by natural obstacles. All live limbs below the cutting point shall be removed. Trees shall be completely severed from the stump. Stump height shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

PULLBACK: Remove all material live or dead within 5 feet from all fences and drainages.

WORKING HOURS: Fire Restrictions will apply.

Emergency Fire Precaution Schedule – Fire Restriction/Closure Stage

Staged Restriction Levels Industrial Fire Precaution

Plan

No Restrictions A Normal fire precautions. No fireguard required

Stage I B Designated areas for smoking, warming, and cooking fires require a written permit. Contractor shall provide fire guard unless relieved of this responsibility in writing.

Stage II C Shutdown from 12 noon until 8 p.m.

MST (1-9 p.m. MDT) of all machine treated slash, blasting, welding, metal cutting, and clearing. No smoking, warming, or cooking fires permitted at any time. Power saws shall be shut down from 9 a.m. until

8 p.m. MST (10 a.m. to 9 p.m.

MDT). Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing and/or other equipment maintenance may continue

Stage III (Partial Forest Closure) C or D If outside the Forest Closure, Stage

II restrictions apply. If within the

Forest Closure, Stage III restrictions apply.

Stage IV (Total Forest Closure) D Shut down all operations, except operations on mineral soil involving road excavation, watering, grading, gravel surfacing and rock crushing may continue with a special Forest

Service permit

Red Flag Warning (issued by the

National Weather Service)

D Shut down all operations, except operations on mineral soil involving road excavation, watering, grading, gravel surfacing and rock crushing may continue with a special Forest

Service permit

1.2 DETAILED UNIT INFORMATION: The acreages shown are for information purposes only and no guarantee is made as to their accuracy. The mapping was done using GPS and Arc Map version 10.2.

It is the contractor’s responsibility to determine the amount of work required to cut, lop and pull back in accordance with the specifications of the contract. It’s highly recommended that the prospective bidder visit the site to determine the amount of work necessary to complete the project work in a timely manner. If the contractor is considering salvageable material, the contract work shall be on schedule.

Estimated 200 acres. Optimum Spacing: 150 x 150 feet between clumps of 2 to 6 live trees less than 17 inches single stem juniper, all size ponderosa pine, pinyon pine, multiple stem juniper trees, and Gray oak trees.

Overall Project

Estimated Acres: 200 - cut and lop

Elevation: 7900 feet Slope 0 – 40%

Optimum Spacing: See above

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 - DEFINITIONS

2.1 STANDARD DEFINITIONS.

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

DEFECTIVE SERVICE. A unit of service, which contains one or more defects, or nonconformance with specified requirements.

PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance, and the contractor meets standards.

QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

CONTRACTING OFFICER’S REPRESENTATIVE (COR): A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

GOVERNMENT INSPECTOR: A Government person responsible for surveillance of contractor performance, and if an inspector is needed he or she will be appointed by the COR.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

QUALITY CONTROL: The actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

RANDOM SAMPLING: A sampling method in which each service output in a unit has an equal chance of being selected.

TECHNICAL DEFINITIONS:

LEAVE TREES: – Trees that shall not be cut under this contract.

CUT TREES: – Trees that shall be cut under this contract.

FELLING: - Tree that is cut and fell to the ground.

SLASH: - Any vegetation that was cut by the contractor.

LOPPING AND SCATTERING: - Cutting limbs from the bole of cut trees and moving and rearranging slash concentrations to achieve slash depth required in the contract.

BOLE: – The trunk or stem of a tree.

PULLBACK: – Removal of slash from roads, fences, utilities and from all improvements within a specified distance.

BUCKING: – The bole and limbs of the tree that are cut to meet the contract slash requirements.

DBH: - Diameter at Breast Height (4 ½ feet from ground level).

DRC: - Diameter at Root Collar

SECTION III - GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

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

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish everything 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 REQUIREMENTS SUMMARY

TASK/

SUBTASK

PERFORMANCE STANDARD ACCEPTAB

LE

QUALITY

LEVEL

(AQL)

MONITO

RING

METHOD

DISINCENTI

VES FOR

NOT

MEETING

STANDARDS

PAYMEN

T

PERCEN

T

5.1

Contractor shall cut, buck and lop 350 acres

Cut single stem juniper trees 17”

DRC and smaller, multiple stem juniper, gray oak, Douglas fir, pinyon pine and ponderosa pine trees of all sizes in clumps of 6 trees on a 150 feet X 150 feet spacing. Cut all dead trees less than 12”. Leave all single stem

90% acceptable level of performance

Review contractor’ s records of inspection system & sampling results, and

Rework at contractor’s expense.

No payment will be made for less than

90%

PERFORMANCE STANDARD ACCEPTAB

LE

QUALITY

LEVEL

(AQL)

MONITO

RING

METHOD

DISINCENTI

VES FOR

NOT

MEETING

STANDARDS

PAYMEN

T

PERCEN

T juniper > 17 inches DRC. Leave single stem juniper < 17 inches

DRC, ponderosa pine trees, doulas fir trees, pinyon pine trees, gray oak trees, and multiple stem juniper in clumps of up to 6 trees of the same species to maintain a

150 x 150 foot spacing between clumps and/or leave trees. Try to leave 6 trees per clump when available. If 6 trees are unavailable, leave the best 5, 4, 3, or 2 trees. Single trees can be left if no other tree is present. Leave trees in order of preference is 1.

Ponderosa pine, 2. Pinyon Pine, 3.

Single stem Juniper, 4. Gray Oak,

5. Douglas Fir, 6. Multiple stem

Juniper. Gambel Oak trees shall not be cut or counted as a leave tree for spacing. Leave the largest trees with the best form and branching characteristics. Leave trees free from insect infestations/disease. Leave snags

> 12” DBH uncut.

Stump height shall not exceed 6” from the ground or 4” above natural obstacles.

All slash shall be lopped and scattered 24” from the ground.

All material shall be pulled back from Fences and Drainages within

5 feet.

perform periodic on-site inspections

90% AQL.

Poor performance rating.

5.2

The contractor

Provide all

All submittals are received within

5 days after contract award.

On-site records of all quality

100% compliance

Submittal review

Will not issue

Notice to

Proceed until acceptable

PERFORMANCE STANDARD ACCEPTAB

LE

QUALITY

LEVEL

(AQL)

MONITO

RING

METHOD

DISINCENTI

VES FOR

NOT

MEETING

STANDARDS

PAYMEN

T

PERCEN

T

Submittals control inspections are submitted weekly.

submittals are received.

Will not issue payments until inspections are received

5.3

Quality

Control

Plan (QCP)

QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service performed. Includes method and frequency of inspections.

100% compliance

Quality

Control

Plan review

Will not issue

Notice to

Proceed until acceptable

QCP is

5.4

Work Plan

The work plan includes the methods, personnel and equipment the contractor will use to perform the project work.

100% compliance

Work Plan

Review

Will not issue

Notice to

Proceed until acceptable

Work Plan is

5.5

Work

Schedule

The work schedule defines the time frame in which the contractor will perform the project work.

100% compliance

Work

Schedule

Review

Will not issue

Notice to

Proceed until acceptable

Work Schedule is received.

5.6

Progress

Schedule

The progress schedule includes the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task.

Progress schedules are submitted weekly.

100% compliance

Progress

Schedule review

Will not issue payments until acceptable progress schedules are received

VIII - MEASUREMENT AND PAYMENT

8.1 Acreage is provided to aid the bidder in preparing a bid. The approximate acreage of the unit was determined by using GPS and Arc Map 10.2. 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 thin and lop 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.

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)

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

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/

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _10_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _120_ calendar days. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within 10 calendar days from date of award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within _N/A__ calendar days after receipt of a written request from the Contracting Officer, the

Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is _40_ hours per week during daylight hours only.

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 will be scheduled and held within

__10__ days after the date of contract award. The conference will be held at the Reserve Ranger

District, located in Reserve, New Mexico.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions _10 year average, National Weather Service_.

Utility Services

No services available.

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.

H-1. PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

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

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards

Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

H-2 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

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

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

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

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the

United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

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

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

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

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

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

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

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

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

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

b. All fire rings or outside fireplaces will be approved by the Forest Service representative.

The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

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

(b).

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

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

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

H-3 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

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 undocumented workers. 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, record keeping, vehicle safety, and housing:

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

(2) Wage and Payroll Standards

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

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (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 register all vehicles used 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 referenced at 29 CFR 500.105. All drivers must have a current, valid State driver’s license and must comply with Department of Transportation work/rest requirements.

(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 in accordance with applicable state requirements.

(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.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the following to the clause at H.8.2, subparagraph (4)

Housing:

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

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

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the

Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District

Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

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

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

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

Field Sanitation

In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards”

(Ref. 29CFR 1928.110), employers must provide:

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

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

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

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

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.

Cancellation or Change of Required Worker’s Compensation Insurance clause.

There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurer(s) to the Contracting Officer. There shall be no lapse in the required coverage or any reduction in required limits during the life of this contract. Any failure to comply with the requirements of this clause shall constitute default of Contract and may be grounds for immediate termination for default of this Contract.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

52.202-1 Definitions (JAN 2012)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2009)

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-8 Utilization of Small Business Concerns (JAN 2011)

52.219-9 Small Business Subcontracting Plan (APR 2008) (Applicable if > $550,000)

Alternate II (Oct 2001)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (SEP 2010)

52.222-41 Service Contract Act of 1965 (NOV 2007)

52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009)

52.222-50 Combating Trafficking in Persons (FEB 2009) http://www.usda.gov/procurement/policy/agar.html

52.222.54 Employment Eligibility Verification (AUG 2013)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007)

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

52.223-6 Drug-Free Workplace (MAY 2001)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (OCT 2010)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

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

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

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

52.242-13 Bankruptcy (JUL 1995)

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

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007)

52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007)

52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

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

52.249-10 Default (Fixed-Price Construction) (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)

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.

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE

APPLICANTS - ALTERNATE 1 (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012

(P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the

Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or

434.

Company Name Signature of Offeror Date

452.204-71 PERSONAL IDENTITY VERICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The

Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

52.204-7 -- System for Award Management.

As prescribed in 4.1105(a)(1), use the following provision:

System for Award Management (Jul 2013)

(a) Definitions. As used in this provision—

“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 means the 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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the

DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the

SAM database; and http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P569_70127

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and

Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government 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 SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

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

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

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and…