38_Amend 1-Pg 2-AG-9702-S-10-0188.docx

Table of Contents

Section B – Schedule of Items

Tree Thinning

1. Furnish all equipment, labor, supplies, supervision, transportation, and incidentals to perform precommercial tree thinning and work in accordance with the specifications contained herein. Government furnished property or materials will not be provided.

2. Schedule of Items:

3. The contractor shall provide a contract representative for the duration of contract 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.

4. Contract Completion Requirement:

Item (or Subitem)

Estimated Beginning Date June 1, 2010 or within 10 days of Notice to Proceed

Contract Time

60 Calendar Days

The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified above. The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date contractor signs the Notice to Proceed. A prework conference will be held as close to the starting date of contract time. If fire danger becomes extreme, the thinning may be stopped until conditions become less severe. No days will be charged against contract time during this time period. Contract time will be suspended if winter weather conditions preclude access to the project area.

5. Measurement

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

The Contractor may at any time after award but before final invoice is submitted, request remeasurement of any treatment area. The request will be made in writing. Remeasurement must be made within the established boundaries of the treatment area. If remeasurement indicates a variance of 5 percent or less from the acreages stated in the contract, the Contractor shall pay for the actual cost of remeasurement, and no adjustment shall be made in the acreage. If remeasurement indicates a variance greater than 5 percent from the acreages stated in the contract, payment will be based on the remeasured acreage, and the government will pay for the remeasurement.

After inspection of completed acreage, the Contracting Officer will calculate the pay rate. The pay rate will be calculated by multiplying the inspection percentage times the contract unit price per acre. When the per cent of satisfactory thinning is 90 per cent or greater, payment will be made at the contract unit price. Pullback, lopping and scattering of slash will be considered incidental to thinning and no separate payment will be made.

The area will be thinned in an orderly manner to facilitate inspection and calculation of partial payments. The contractor may choose his starting point against the boundary and may proceed in the direction of his choice. However, the contractor will not be permitted to move to a new starting point and leave unthinned areas between completed areas. The order in which units are thinned will be determined by Contracting Officer or his representatives.

6. Cut Trees

The average number of cut trees during thinning process is estimated to range from 200-2000 trees per acre in unit 1. Spruce budworm damage, Douglas-fir and ponderosa pine mistletoe, and broom rust are present within the thinning unit. The primary tree species to be cut is white fir and Douglas-fir in additon to ponderosa pine and Engelmann spruce.

SECTION C - DESCRIPTION OF WORK/WORK STATEMENT

1. Scope of Contract

This contract requires tree thinning, lop and scattering of slash in addition to related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals except those items listed as government-furnished property.

2. Location/Description

Unit Number Township Range Sections

Bid Item 0001 Units A, B, and C are accessed by traveling north from Canon Plaza on Forest Road (FR) 42 approximately 3.5 miles to project area (see Exhibit 2). Depending on site conditions access may be walk in or drive to. Four wheel drives may be required depending on road conditions after spring snow melt. Unit boundaries are marked with green paint and orange flagging.

3. List of Specifications

Performance Standards Common To All Units

Selection Of Leave Trees The contractor shall select the trees to leave. Leave trees shall generally be those of the tallest height, largest crown, and straightest stems that are free of damage due to insects, disease, physical, or mechanical causes. If no healthy undamaged tree exists at the required spacing interval, trees with minor damage may be left. If no healthy tree with minor damage exists, all trees shall be cut. Thin ponderosa pine trees 1’ tall to 10’ in height to an average spacing of 10’ X 10’ with a 50% variance (5’-15’). Thin all other conifers trees 1’ tall to 12.0” Diameter Breast Height (DBH) to an average spacing of 20’X 20’with a 50% variance (10’-30’). Vary spacing to leave the best trees and to protect Abert’s squirrel habitat, leave all trees within groups where squirrel middens, clipping trees or squirrel nests occur. Leave all trees with active nests or cavities to protect bird nests and potential wildlife habitat. Residual spacing is measured off all trees with the exception snags. No aspen shall be cut. Cut all snags up to 8.0” DBH. All other conifers under the maximum cut DBH limit of 12.0” that are not considered leave trees shall be cut. Maintain at least 10 junipers per acre

Leave Tree Priorities

The contractor shall select leave trees in the following order:

c. Tallest tree

4. Cut Tree Priorities

The following trees shall be cut regardless of spacing:

All trees between 2 foot tall and 4.9” DBH that are infected with dwarf mistletoe.

All trees between 5.0” DBH and the maximum DBH of 12.0” with dwarf mistletoe infection ratings of 3-6 (See Exhibit 3).

All trees up to the maximum DBH of 12.0” with live crown ratios of 25% or less.

All trees up to the maximum DBH of 12.0” which have been severely defoliated:

a. 8 inches or more of the tree top is dead or

b. 75% or more of the tree's needles have been defoliated.

5. Stump Height – Removal Of Live Limbs Stump height shall not exceed 6 inches on the high side of the stump or 4 inches above natural obstacles. All felled trees shall be completely severed from the stumps. All live limbs below the stump height shall be removed, except when prevented by natural obstacles. Along roads, the high side of stump shall face toward the road where possible.

Piling: Piling is not required under the terms of this contract.

Bucking: Bucking is not required under the terms of this contract.

Lopping and Scattering: All slash created as part of the thinning process will be lopped to a depth of 2 feet from ground level. If slash depth cannot be met by lopping than rearranging of slash concentrations to achieve slash depth will be required.

Slash Pull Back: Slash shall be pulled back three feet from fenceline as not to accumulate along pasture/boundary fence in order to facilitate fence maintenance.

Hang-Up Trees: No cut trees shall be left hanging on leave trees. All hung up trees shall be brought to the ground.

Directional Felling: Trees along fenceline to be cut will be felled so as to not land on existing pasture/boundary fence. Trees will also be felled so as not to land on roads within thinning unit.

Pruning: When mistletoe infections are within 4 feet of the ground, the infected branches on the tree may be pruned off instead of felling the entire tree if spacing requirements are met.

6. Standard Definitions.

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 standards are met by the contractor.

Quality Assurance - Those actions taken by the Government to assure services meet the requirements of the technical specification.

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.

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 - Those 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.

8.Technical Definitions:

The following definitions are provided to aid in understanding:

Average Spacing - The average of the distances between all leave trees necessary to provide the desired number of leave trees per acre.

Bole - Tree trunk or main stem of a tree.

Bucking – Cutting the bole to specified lengths.

Buffer - A wide strip of uncut trees separating or bordering sensitive areas such as streams or riparian zones.

Co-dominant - Trees that are not as tall as dominants, with crowns receiving overhead light. They may be confined laterally by dominants and usually make up the main canopy with the dominants.

Conifer - A cone-bearing tree with needles.

Crook - A defect in trees, consisting of an abrupt curvature or bend.

Crown - That portion of a tree which has green needles or leaves.

Cut tree - Trees designated to be cut down.

D.B.H. (Diameter Breast Height) - Diameter of the trunk measured at a point 4-1/2 feet above the ground level on the uphill side of a tree.

DRC (Diameter root collar) – Diameter of the trunk of a tree measured at ground level.

Damage - Includes any defect or deformity of a tree resulting from agents such as wind, snow, animals, insects, disease, and equipment, and evidenced by such things as dead or broken tops or trunks, crooks, and deep scars.

Dominant - Trees that are somewhat above the general level of the canopy and are exposed to full sunlight from above and to a certain extent laterally.

Excess Trees - Uncut trees that do not meet specifications and should have been cut.

Excessive Damage - Contractor-caused damage to leave trees in excess of contract specifications. Excessive damage will include damage to the bole of the tree where the wood is exposed, broken out tops, root damage as evidenced by lean or splitting of the bole, and any tree pushed out of the soil.

Existing slash - Debris created prior to work under this contract (both natural and as a result of previous operations).

Girdling - A cut through the bark and cambium tissue completely encircling the tree trunk for the purpose of killing the tree.

Hang-up Tree - Any tree with one end suspended more than 3 feet off the ground.

Intermediate - Trees that are definitely subordinate in position receiving direct sunlight only through holes in the canopy. All trees of this class are subject to strong lateral competition.

Leave Trees - Any tree that is selected or required to be left standing as provided in the specifications.

Live Crown Ratio – Percent of live crown in relation to the total height of the tree.

Live Limb - A woody stem that exceeds 2 inches in length with green needles or leaves growing from the tree bole.

Lopping - Cutting limbs and boles of trees to reduce depth of slash created by felled trees.

Minor Damage - Crooks in the trunk which are offset less than 3 inches from the long axis and within 13 feet of the ground, no forks, broken top, or bark damage extending more than one-fourth of the circumference of the tree.

Missing Leave Trees - Those trees cut that should have been left.

Piling – Gathering and stacking of thinning slash into piles constructed and located as indicated by technical specification.

Pull-back - Pulling thinning slash, by hand methods, back into thinned unit to clear roadway, drainage ditches, culverts, stream channels, trails, etc.

Riparian - Vegetation bordering watercourses, lakes, bogs, and seeps.

Roads - The area between the outside edges of the fillslope and backslope.

Sanitation - The felling, pruning, or girdling of disease infected or disease susceptible trees to protect residual trees from infection.

Scattering – Moving and rearranging of slash concentrations to achieve slash depth required in the contract.

Shrub - A woody plant with no main stem which does not usually grow higher than seven feet (i.e., brush).

Slash - Limbs and trunks of downed trees and brush.

Spacing - The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree.

Sweep - Gentle curve anywhere in the bole of the tree.

Thinning - The removal of excess trees in order to accelerate growth on selected residual trees by reducing competition for soil moisture, nutrients, and sunlight.

Thinning slash - Debris created from work under this contract, including all cut trees and shrubs (tops, trunks, branches).

9. Inspections

The Contracting Officer/Designated Inspector shall make periodic inspections. The Contractor or his representative is encouraged to observe the inspection and will receive inspection summaries upon request.

Inspection Plot Size and Sample Procedure

Plot size specified for this contract will be 1/20th acre (26.3 feet) circular plots. A series of plots distributed over the entire unit sufficient to yield at least a 1-percent sample of each unit shall be taken. Plot centers shall be marked and numbered.

Inspection Quality Evaluation

Each plot will be examined to record findings on the items listed below:

3. Number of missing leave trees.

Upon inspection of all plots for a unit, the quality of thinning shall be calculated as follows:

1.0- (No. of missing leave trees + No. of excess trees) x 100 = Quality %

(No. of trees that should have been left)

10.Rework and Reinspection After Rework

When inspection results are below 90 per cent and excess trees constitute any part of the deficiency, payment will not be made until the excess tree deficiency has been corrected. Inspections after rework will be made in the same manner as the first inspection but on different plot lines. The Contractor shall pay for inspections necessitated by the rework.

The COR or inspector may require the Contractor to rework any area that has not been thinned to specifications (for example, mistletoe infected trees that should have been cut or missed clumps of trees), even though the overall inspection for the unit may exceed 90 per cent.

11.Reinspection of Thinning Upon Contractor Request

If the original inspection results are unacceptable to the Contractor a second inspection will be done. However, the inspection pattern will be shifted. If the inspection procedure shows less than 5 per cent variance from the first inspection, the Contractor shall pay the cost of the second inspection, and the result of the first inspection will be used in determining payment. Requests for reinspection must be in writing.

Section I – Contract Clauses

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.] _x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

_x__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__x_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_x__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved] _x__ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__x_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_x__ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_x__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_x__ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x__ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_x__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__x_ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_x__ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__x_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _x__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

__x_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

4G52.222-701 Employment of Eligible Workers.

4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DECEMBER 1999)

(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 (that is, 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 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and shall include the employer's tax identification number.

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

(3) Motor Vehicle Safety

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

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

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

(4) Housing

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

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

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DECEMBER 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.

4G52.222-704 - Personal Protective Equipment

As prescribed in 4G22.7102(c), insert the following clause:

PERSONAL PROTECTIVE EQUIPMENT (FEBRUARY 2007)

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

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

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

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

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

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

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

4G52.222-705 - Camping Provisions for Labor Intensive Contracts

As prescribed in 4G22-7102(d), insert the following clause:

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (FEBRUARY 2007)

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

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

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

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

The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10-calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10-calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

Unless otherwise designated by the contracting officer, the use of this area is not exclusive, and may be granted to other permit holders, contractors, or recreating public. Disorderly conduct is not permitted.

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

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

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

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

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

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

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

1. Gauze pads (at least 4x4 inches),

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

3. Box adhesive bandages (band-aids),

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

5. Two triangular bandages,

6. Scissors,

7. At least one blanket,

8. Tweezers,

9. Adhesive tape,

10. Latex gloves, and

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

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

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

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

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

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

All fire rings or outside fireplaces must be approved by the Forest Service representative. The area must be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace, and it must not have any overhanging material. Fire rings must be dismantled and material disposed prior to leaving the site.

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

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

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

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

Section J – List of Attachments

Attachment 1 – Vicinity Map Attachment 2 – Project Map Attachment 3 – Misletoe Rating Diagram Attachment 4 – Fire Plan Attachment 5 – Wage Determination

Section K – Representations, Certifications, and other Statements of Offerors or Respondents

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN 2009)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision-- “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is…