AG-9A40-S-14-0025.pdf

OMB Approved No. 9000-0006

SOLICITATION OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 350) 1 34 PAGES

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

[ ] SEALED BID (IFB) NO.

AG-9A40-S-14-0025 [ X ] NEGOTIATED (RFP) 06/24/2014

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA Forest Service 1600 Tollhouse Road Clovis, CA 93611

USDA Forest Service Attn: Mary Cantrell 1600 Tollhouse Road Clovis, CA 93611

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Offers in original and 1 copy for furnishing the supplies or services in Schedule will be received at the place specified in Item 8, or emailed to: mecantrell@fs.fed.us until 1:00 pm local time July 18, 2014 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL: Mary Cantrell 559 297-0706 Ext 4890

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 5

X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK/STATEMENT 2 X J LIST OF ATTACHMENTS 1

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 2 X K REPRESENTATIVES, CERTIFICATIONS AND 6

X F DELIVERIES OR PERFORMANCE 1 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 4 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 2

X H SPECIAL CONTRACT REQUIREMENTS 7 X M EVALUATION FACTORS FOR AWARD 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated.

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or Print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE code) IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 142(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7)

CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

MARY E. CANTRELL

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

NSN 7540_01_152_8064 33-133 STANDARD FORM 33 (REV.4-85)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.214(c)

AG-9A40-S-14-0025

Pine Flats MT and Thinning Project

Angeles National Forest

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

ANGELES NATIONAL FOREST

ITEM #1 EST. TOTAL

1. Tree pruning, leafy mistletoe pruning, and 84 Acres $_________/acre chipping by-product.

2. Large oak tree. 1 Tree $_________/tree

TOTAL BID $_____________

The Contractor shall furnish all tools, equipment, materials, supplies, labor, and supervision necessary to accomplish the spraying.

The Contractor’s equipment shall meet the following minimum requirements:

(A) A “cherry picker” or similar apparatus will be required to enable the Contractor to reach the required height of 50 feet.

(B) Professional certified and licensed tree climbers: Key contract personnel performing the operations must provide documentation of all necessary certifications, licenses, permits, etc. as required by Federal, State, and local governments.

The technical contact for this project is Esmeralda Bracamonte. She can be reached at (626) 335-1251 x238 or by email at ebracamonte@fs.fed.us

See Section L.6 for required proposal submission information

_____ I certify that I am registered with the System for Award Management (www.sam.gov)

Signature Date

Company Name DUNS#

SECTION C - Description/Specifications/Statement of Work

C.1 Scope of Contract

The purpose of this contract is to secure services for tree pruning, leafy mistletoe pruning, and chipping by-product on approximately 84 acres and one additional large oak outside the project area (Attachment C) on the San Gabriel River Ranger District of the Angeles National Forest.

The work is to be performed in compliance to the contract terms, specifications and provisions. The Contractor shall furnish labor; equipment; supervision; transportation (including but not limited to mobilization); operating supplies and all incidentals necessary to perform all work required.

C.2 Project Location

The project is located near Crystal Lake Recreation Area along State Route 39 and Road 3N09; Township 3 North, Range 9 West, Section 29 SBBM, Los Angeles County, California (see attached map).

C.3 Access

Access routes include Highway 39 and Forest Road 3N09.

C.4 Contract Time

Work will be implemented in late fall between September 1, 2014 and December 15, 2014 (these dates are flexible if weather permits). Coordination between the Contractor and the COR will be necessary to determine the exact time for work to begin. The contract time will be 450 days. Contract time includes delays for weather; project activity level restrictions; all applicable wildlife limited operating periods;

locating and transporting supplies and materials; and final cleanup. The COR will determine if these conditions are present and if work can commence or continue.

Project work is restricted on weekends from 5:00 p.m. local time on Friday afternoon through 6:00 a.m.

Monday morning.

C.5 General Treatment Guidelines

Pruning of true mistletoe plants from branches This treatment will be implemented only on branches that have isolated mistletoe clumps or are lightly infested - have only one or two clumps of mistletoe. Mistletoe will be cut flush with the branch without damaging the tree. The contractor will ensure that any portion of the mistletoe parasite does not fall on understory branches that are not infected. Manual removal will require pole pruning of mistletoe and branches. The use of a lift, cherry picker and climbers will also be required.

Pruning of mistletoe-infected branches This treatment will be implemented on branches that are heavily infested with mistletoe - contain three or more clumps of mistletoe or where mistletoe is located near the main trunk of the tree, within 18 inches or less. Tree branches will be removed with standard three-point pruning methods, back to a junction with a larger branch without injuring or removing the branch collar (Attachment A). This will prevent disfiguring the tree and creating wounds that cannot seal over and decay that could create future hazards.

Slash Treatment All slash and pruned material, including mistletoe, resulting from this project shall be chipped (no mastication allowed). Chipped material shall lie flat on the ground not to exceed more than 2 inches in depth. No chipped material or any other type of vegetation debris resulting from this project shall accumulate against the boles or beneath the drip-line of trees.

C.6 Contractor Furnish Property and Services

The Contractor shall furnish all tools, equipment, materials, supplies, labor, and supervision necessary to accomplish the spraying.

The Contractor’s equipment shall meet the following minimum requirements:

(A) A “cherry picker” or similar apparatus will be required to enable the Contractor to reach the required height of 50 feet.

(B) Professional certified and licensed tree climbers: Key contract personnel performing the operations must provide documentation of all necessary certifications, licenses, permits, etc. as required by Federal, State, and local governments.

SECTION D - Packaging and Marking

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

SECTION E - Inspection and Acceptance

E.1 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):

http://acquisition.gov/comp/far/index.html

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

E.2 Inspection

The Contractor assumes the responsibilities for quality control of its employees to ensure that the work performed is meeting the standards and specifications for this contract. Once an area has been treated, inspections will begin and run concurrently without impeding the work of the Contractor, to determine if work operations have met the terms of this contract.

E.3 Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to verify that work operations are in compliance with contract specifications. Records of quality control and inspection of work performed shall be kept and made available daily to the Government throughout the performance period.

This includes the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided prior to the issuing of the Notice To Proceed. The plan shall include; (1) control procedures for security of Government-provided items such as Forest Service keys; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet quality standards; and (4) a customer comments feedback system.

E.4 Government Quality Assurance

Random quality assurance inspections will be performed by the Government throughout the contract period. Methods will include hands on monitoring, visual surveys and observations of the Contractor’s work performed under the specifications of this contract. The Government will randomly inspect work operations to verify compliance with the technical specifications, and the overall contract standards are being met. For unsatisfactory or unacceptable work, the Government will make deductions from payments, or require rework at no additional cost to the Government.

E.5 Acceptance

When notified by the Contractor of completed work, such work will be evaluated for quality against the specification of this task order. Final acceptance of work performed under this contract will be determined based upon the inspection results performed by the Government. Those results will be considered conclusive, when determination for payment is made. If inspection results indicate the work performed has not been treated according to contract specifications, then payment for those trees/acres will not be made until those specifications are met. The Contractor or a designated representative is encouraged to observe the Government inspection process as operations moves forward. Only work described by the Contractor as completed will be evaluated. Only work described by the Contractor as completed will be evaluated.

The measurable performance standard for acceptable quality level is 100% with no deviation. The performance standards are as written in the work description:

1. All mistletoe must be removed from all oaks in the project area.

2. Branches pruned appropriately from all oak trees.

3. All material, including mistletoe, must be chipped.

There are no performance incentives for this contract. Payment will be made upon completion of the contract for each acre accepted during inspection and receipt of a proper and complete invoice.

SECTION F - Deliveries or Performance

F.1 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

52.242-15 Stop-Work Order. (AUG 1989)

F.2 Contract Time

Item Estimated Start Date Completion Date

1. September 1, 2014 450 calendar days

Daily starting and ending times will be mutually agreed upon by the Contracting Officer and/or his Representative, and the Contractor.

F.3 Work Progress

Work shall start no later than 3 days after the effective date of the Notice to Proceed. Work shall be completed in the preference established by the Contracting Officer’s Representative. The Contractor shall maintain progress at a rate which assures completion within the indicated contract time.

The Contractor's right to proceed may be terminated if satisfactory work quality or progress is not attained within the time specified in a written cure notice.

F.4 Government Quality Assurance

Quality assurance will be performed regularly by the Government during the contract period. Methods will include hands on monitoring, visual surveys and observations of the Contractor’s work performed under the specifications of this contract. The Government will randomly inspect work operations to verify compliance with the technical specifications, and the overall contract standards are being met. For unsatisfactory or unacceptable work, deductions will include rework at no cost to the Government. The Government will require rework at no additional cost to the Government.

F.5 Notice to Proceed

The Government will issue a Notice to Proceed on all bid items as soon as weather and ground conditions are favorable. Contract time will start on the sooner of:

(a) The date specified on the Notice to Proceed, if hand delivered.

(b) The third day after the Post Office has issued a Notice of Certified mail to the Contractor.

Failure of the Contractor to pick up certified mail will not be considered an excusable delay.

(c) When work commences.

SECTION G - Contract Administration Data

G.1 Resource Protection Standards

Throughout the operations, the Contractor shall prevent damage, using extreme care in protecting resources and existing facilities. This shall include roads, erosion dips, developments, or any other specified resources identified by the COR. Facilities or resources damaged by Contractor operations shall be replaced at no cost to the Government.

Resource protection measures shall be implemented by the Contractor to protect soils from impacts of erosion, compaction and loss of productivity. Existing soil cover shall be left intact whenever possible;

disturbance to the duff layer shall be minimized. As determined by the Contracting Officer, equipment shall not operate when ground conditions are such that excessive soil damage will occur. The Contractor’s activities shall be conducted in a manner to retain the natural ground contour; any mounding of soil material shall be returned to the natural contour. A minimum of 80% of the activity area shall be left in a non-compacted, non-puddled, and/or non-displaced condition.

All landings, skid trails and temporary roads shall be approved by the Contracting Officer prior to installation and/or use. After use, unless otherwise directed by the Contracting Officer, all landings, skid trails and temporary roads shall be sub-soiled; water barred and covered with vegetative material including but not limited to slash, chips, cut brush and logs; and closed to vehicle access.

Contractor operations shall be conducted in a manner to prevent debris entering stream courses. The Contractor shall remove debris caused to enter a stream courses that may adversely affect the natural stream flow, water quality, or fishery resource as determined by the Contracting Officer as soon as practicable, but not to exceed 48 hours, in a manner determined by the Contracting Officer. The locations and method of all equipment water course crossing shall require prior approval by the Contracting Officer. Wheeled and /or track laying equipment shall not be operate in water courses except at locations and for reasons approved by the Contracting Officer. National Forest water sources may only be used if approved by the Contracting Officer.

Erosion control measures shall be implemented on all roads, skid trails, landings and temporary roads as directed by the Contracting Officer. Measures shall include but are not limited waterbarring, placement of slash and/or chips, re-contouring, out-sloping and effectively blocking vehicle access. Erosion control measures shall be in place before seasonal periods of precipitation, run-off and prior to all National Weather Service predicted storm events with a greater than 30% chance of precipitation. Water bar size, configuration and locations shall be specified by the Contracting Officer.

The Contractor shall conduct all contract related activities a manner to prevent damage to other resources which includes but is not limited to the following:

Land survey monuments bearing trees, utility poles and lines and underground facilities, water lines, gas lines, ditches, fences, research equipment, gates, traffic counters and animal traps.

The locations of protected and sensitive plant and animal species and their habitat which is located on the task order maps or which may be discovered after contract award.

Historic or prehistoric sites, buildings, objects or properties located on task order maps or discovered after contract award.

Control areas located on the task order maps and/or flagged with orange flagging indicate areas with specific treatment limitations, generally equipment shall be excluded and/or contract activities modified.

Discovery of any area or object of a suspected control resource shall be immediately reported to the Contracting Officer.

G.2 Equipment Washing

In order to prevent the potential spread of noxious weeds in the project area, the Contractor is required to clean all equipment that operates off existing roads prior to entry on the project areas. This cleaning shall remove all direct and plant parts and material that may carry noxious weed seeds into the project areas.

Only equipment inspected by the COR will be allowed to operate within the project area. If equipment has been off-road under any of the contract items, all subsequent move-ins of equipment shall be treated the same as the initial move-in.

The spread of noxious weeds will be controlled by the Contractor in the following manner:

The Contractor shall ensure that all off-road equipment is free of soil, seeds, vegetative matter or other debris that could contain of hold plant seeds.

The Contractor shall certify in writing to the Contracting Officer that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to the project area.

The Contractor shall clean off-road equipment prior to moving between units on this project.

The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment will be considered free of soil, seeds and other such debris when a visual inspection discloses no such material.

The Contractor shall notify the Contracting Officer at least 5 days prior to moving each piece of off-road equipment into the project area; notification shall include the most recent location of the equipment to be moved. The Contracting Officer may require that the Contractor’s equipment be presented for inspection before being placed in service. The Contractor’s equipment may be cleaned on the National Forest subject to Contracting Officer approval.

New infestations of noxious weeds shall be promptly reported to the Contracting Officer.

The Contractor shall notify the COR at least 5 days prior to moving each piece of off-road equipment into the project area. Notification shall include the most recent location of the equipment to be moved. The Contractor is required to present all equipment to COR for inspection prior to commencing work.

Contractor shall make equipment available for inspection at an agreed location.

G.3 Spill Plan

The Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCP) Plan when total oil and oil products storage exceeds 1000gallons in containers of 55 gallon or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer.

The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup.

The Contractor shall notify the Contracting Officer of any hazardous substances used on the project area and shall have Material Safety Data Sheets available for those materials. All such materials shall be labeled in accordance with Federal and State regulations. The Contractor shall maintain a Hazardous Substance Plan. The plan shall include, but is not limited to, hazardous substances to be used in the project area and the identification of the Contractor Representative responsible for supervising initial containment action for releases and subsequent cleanup.

The Contractor must follow protocols in the attached Spill Response Plan (Attachment E) for all spills regardless of size. The Contractor shall notify appropriate agencies, including the Contracting Officer of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags and waste oil in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced.

G.4 Plan of Operations

Upon COR request, the Contractor shall submit a Plan of Operation related to the specification on this task order including but not limited to the equipment type and size; labor forces; planned rates of accomplishments; and other details related to the Contractor operations that may be requested by the

COR.

G.5 Pre-work Conference

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

G.6 Camping

Under the terms of this Contract, camping is not permitted in Forest Service Campgrounds. The Contractor [(x) may ( ) shall not] be permitted to camp elsewhere on the National Forest. Camping on the National Forest is not a right; and shall be subject to approval by the Contracting Officer.

G.7 Road Access

Use of any roads, routes, skid trails and/or temporary roads by the Contractor under the terms of this task order shall be subject to approval by the Contracting Officer; such approval shall be obtained by the Contractor prior to opening and/or use. When Contractor operations occur adjacent to or on roads and trails open to public travel, a project specific Traffic Control Plan shall be agreed to by the Contractor and the Contracting Officer prior to commencing operations. The Contractor shall be required to keep vehicles on established roads unless conditions are such that impacts to soil and resources are minimal.

The COR or Government inspectors will inform the Contractor when vehicles can leave the road surface.

G.8 Gates

Gates will be closed and locked as directed by the COR or Government inspectors during daily business hours. Gates shall be closed and locked at the end of each business day.

G.9 Fire Plan and Project Activity Levels

The Contractor operations under the terms and conditions of this contract/task order shall comply with the Fire Plan attached to and made a part of this task order. The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer.

SECTION H - Special Contract Requirements

H.1 Minimum Wages

Wage Determination #1977-0727 (Rev 44) dated 08/22/2013, is currently in effect for these services and is included as an attachment.

H.2 AGAR 452.236-73, Archaeological Or Historical Sites (FEB 1988)

Sites of historical significance will be strung, flagged or otherwise identified for avoidance.

Contractor’s activity shall not be allowed within areas designated by blue/black stripe flagging combined with white flagging. Considerable fines may be imposed for disturbance of these areas.

Contracting Officer and/or his Representative will notify Contractor of cultural site locations prior to performance of services.

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general are of the site(s) and notify the Contracting Officer and his Representative immediately.

H.3 FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H.4 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 firefighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse;

(2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

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

(2) Wage and Payroll Standards

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

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

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

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

(3) Motor Vehicle Safety

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

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

H.5 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.

H.6 AGAR 4G52.222-704 Personal Protective Equipment (FEB 2007)

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

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

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

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

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

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

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

H.7 AGAR 4G52.222-705 Camping Provisions For Labor Intensive Contracts (FEB 2007)

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

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

Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold.

Firewood may be cut only after obtaining a District Firewood Permit.

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

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

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

Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (Band-Aids) One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors

At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

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

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

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

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

During the fire season, 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.

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

All generators and other internal combustion engines must be equipped with US 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 (b).

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

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

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

H.8 Contractor’s Sanitation Responsibilities

The Contractor shall provide access to clean drinking water for his/her workers. In addition, Contractors are now required to provide toilets and hand washing capabilities, whether utilized or not, while working on National Forest land performing reforestation work.

Field Sanitation In accordance with US Department of Labor Fact Sheet No. FS051 “OSHA Field Sanitation Standards” and Cal/OSHA Field Sanitation Standard, 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.

► One toilet and hand washing facility for every 20 employees, located within a quarter-mile walk, or if not feasible, at the closest point of vehicular access.

► 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.

► Failure to provide a source of potable drinking water, a toilet, and hand washing area will result in a minimum, non-adjustable penalty of $750.00

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

SECTION I - Contract Clauses

I.1 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

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-35 Equal Opportunity for Veterans. (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 52.222-37 Employment Reports on Veterans. (SEP 2010) 52.222-41 Service Contract Labor Standards. (MAY 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (SEP 2013) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras. (APR 1984) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt payment. (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.243-1 Changes - Fixed-Price. (AUG 1987) 52.245-1 Government Property. (APR 2012) 52.246-20 Warranty of Services. (MAY 2001) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

I.2 FAR 52.204-7 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 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;

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

(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 numbers 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 Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

I.3 FAR 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I.4 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

In compliance with the Service Contract Labor…