RFQ.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

AG-9AB5-S-15-0037

6. SOLICITATION ISSUE DATE

04/15/2015

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

MARY CANTRELL

b. TELEPHONE NO. (No collect calls)

559-297-0706, x4890

8. OFFER DUE DATE/LOCAL TIME

05/15/2015 by 1:00 pm

9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

UNRESTRICTED

SET ASIDE: 100 % FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

USDA FOREST SERVICE

MARY CANTRELL

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

1600 TOLLHOUSE ROAD 8(A) 13b. RATING

CLOVIS, CA 93611 NAICS: 115310

SIZE STD: $7.5 MILLION

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

MOUNT LAGUNA WHOLE TREE CHIPPING

Complete and return this page along with page 2, pages 25 through 33, and a technical proposal as described on page 22. Quotes may be mailed to the address in Block 9 or emailed to mecantrell@fs.fed.us.

Do not wait until the last minute to submit your quote.

LATE OR INCOMPLETE QUOTES WILL NOT BE

ACCEPTED!!!

SEE PAGE 2

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER

DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR (48 CFR) 53.212

2 AG-9AB5-S-15-0037

Mount Laguna Whole Tree Chipping

SCHEDULE OF ITEMS

Cleveland National Forest

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1.

2.

Whole Tree Chipping – Mount Laguna Unit 44

OPTION ITEM:

Whole Tree Chipping – Mount Laguna Unit 35

TOTAL:

Est.

Acre

Acre

$________/acre

$________/acre

Name of Company DUNS#

Signature Date

3 AG-9AB5-S-15-0037

POINT OF CONTACT FOR SOLICITATION & CONTRACT: Dana Barre

PHONE NUMBER: 619‐884‐7491

FAX NUMBER: 619‐473‐2088

E‐MAIL ADDRESS: dbarre@fs.fed.us

INJURY AND ILLNESS PREVENTION PLAN (IIPP)

Contractor shall submit an Injury and Illness Prevention Plan (IIPP) (CCR, Title 8, Section 3203) to the Government with the price proposal. The IIPP shall include the following elements:

1. Identify the person responsible for implementing the safety program;

2. Ensuring employee compliance with safe work practices;

3. A system for communicating with employees on matters of safety and health;

4. Procedures for identifying and evaluating hazards;

5. Procedures for investigating accidents;

6. Procedures for correcting unsafe conditions;

7. Safety and health training; and

8. A system of documentation and record keeping.

A template for the IIPP is included as an attachment and is listed in Section J.

In addition to the IIPP, the contractor shall submit a Certificate of Registration from the Dept. of Labor (MSPA certification) and notice of authorization to transport employees (appears on the Contractor’s MSPA certificate) if applicable.

CAMPING ON FOREST SERVICE LAND AND REFUSE REMOVAL, ALL ITEMS

Camping will be allowed by permit only and is not automatically granted as part of this contract. It is the contractor’s responsibility to leave both overnight camp area and work areas free from refuse and pollutants. Oil, fuel, and other fluids from equipment shall be stored approved containers at all times. Refuse and petroleum waste resulting from equipment maintenance or other activity shall not be allowed to pollute National Forest land or water, and shall be removed from National Forest Land before final payment will be made. See Clause H.6., for further information regarding camping provisions for labor intensive contracts.

SUPERVISION, ALL ITEMS

The contractor shall directly superintend all work performed or assign an on‐site representative who is fully competent in supervising work and who has authority to act for the Contractor. The Contractor and his representative(s) shall have both oral and written command of the English language. Safety practices will be strictly followed.

CLAUSES INCORPORATED BY REFERENCE

The following clauses are incorporated by reference:

52.212‐1 Instructions to Offerors – Commerical Items (APR 2014) 52.212‐4, Contract Terms and Conditions – Commercial Items (DEC 2014) 52.222‐55 Minimum Wages Under Executive Order 13658. (DEC 2014)

The full text of these clauses is available at www.acquisition.gov

LIST OF ATTACHMENTS

ATTACHMENT 1: Laguna Unit Map ATTACHMENT 2: Fire Plan ATTACHMENT 3: PAL Checklist ATTACHMENT 4: Wage Determination

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CONTRACT DOCUMENT, EXHIBITS OR ATTACHEMENTS

C.1. STATEMENT OF WORK

C.1.1. Scope of Contract

The purpose of this contract is to secure services for tree and slash disposal through whole tree chipping for up to 130 acres. This project includes 30 acres, with the potential option of up to an additional 100 acres. All activities are to be performed in compliance to the contract terms, specifications, and provisions. The Contractor shall furnish all labor, equipment, supervision, transportation needs, operating supplies and incidentals.

C.1.2. Location and Description

Location – The project area is located within the boundaries of the Laguna Mountain Recreation Area of the Descanso

Ranger District, of the Cleveland National Forest. The units identified for chipping are in Morris Ranch Unit 44, 30 acres (see map). The contract will have 1 Option item: Morris Ranch – 100 acres (multiple units). Access for both units will be near the Morris Ranch community in Mt. Laguna. Take I‐8 east to Sunrise Highway (S1), turn left and travel north approximately 10 miles, and make a right on Morris Ranch Road. The treatment units are located off

Morris Ranch Road, and border the Morris Ranch community.

Description – The trees will be felled by Forest Service crews prior to the implementation of this contract. The felled trees and associated slash will be disposed of as appropriate with the whole tree chipper. Unit 44 and Option item

1 (multiple units), are part of the Mount Laguna and Pine Valley Community Defense and Healthy Forest Restoration

Project. Option Item 1 will be funded by the Western Bark Beetle Initiative (State and Private Forest Health funds), and the option will only be exercised if the funds become available.

C.1.3. Contract Time

Estimated start work date for the 30 acres in Unit 44, and Option Item 1 (multiple units) is November 1, 2015 (dates to be determined based on completion of all felling operations and/or weather conditions). Chipping operation must start within 2 weeks after felling operations are complete due to invasive insects. The Contractor shall have 60 days to complete the project following the issuance of the Notice to Proceed. Contract time includes delays for weather, Project Activity Levels (PAL) restrictions, all applicable wildlife limited operating periods, locating and transporting supplies and materials, and final cleanup.

C.2. DESCRIPTION/SPECIFICATIONS

C.2.1. General

The project provides fuels reduction for up to 130 acres, to be performed in compliance to the contract terms, specifications and provisions. This includes Unit 44 (30 acres), and 1 Option Item (multiple units), up to 100 acres.

The required result of the treatment is that all trees identified for removal will be chipped and the chips are to be disbursed so that the average depth of the chip layer after chipping will be 6 inches or less. The whole tree chipper must be able to chip trees up to 30” in diameter.

C.2.2. Restrictions on Work

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government’s rights under the Suspension of Work Clause (52.242‐14).

Restrictions are as follows: In accordance with the Fire Plan;

5 AG-9AB5-S-15-0037

a) When the Contracting Officer (CO) or Contracting Officer’s Representative (COR) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage;

b) When the Contracting Officer (or Contracting Officer’s Representative) determines that continuing operations during adverse weather or ground conditions would cause unacceptable harm to natural resources;

c) All work will be performed during daylight hours;

d) All project related work shall cease immediately if any heritage resources are discovered and notification to

COR initiated.

e) Due to the units being located within an owl LOP, all work must be completed by February 1 st 2016. If work must go past February 1 st , then a survey must be completed to verify no owls are nesting. If no owls are found work may continue. If owls are found work will be pushed out until after August 15th 2016. A standard owl survey takes approximately 1 month, and no work will be conducted during this time.

The attached Map shows the entire project boundary (30 acres & optional acres), the work locations on the ground take precedence over the locations on the Map. Exceptions of these locations could be large boulders, roads, creeks, steep ridges, and other ground features. Exclusion areas and buffer zones may exist throughout the project area.

The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the project, except for that which the contract clearly states is to be furnished by the government.

The Contractor shall follow all resource impact mitigations identified by the Forest Service.

C.2.3. Whole Tree Chipper

The whole tree chipper will be mounted on tracks. The whole tree chipper should have a ground pressure rating of 8 psi or less. The whole tree chipper will disperse the material evenly and throughout the area. Debris resulting from the Contractor’s chipping operation shall be flat on the ground, and shall not exceed 6 inches in depth. The material shall be well scattered and not concentrated in patches or piles. No mechanical work will be done when the soils are wet (see soil protection below). No mechanical treatment will occur within the boundaries of or within the buffer zones of sensitive sites. These sites will be flagged prior to implementation. A pre‐work meeting will be held at the project site prior to implementation.

C.2.4. Associated Protection Measures

1. Wildlife & Plants:

Within the exclusion areas, mechanical equipment shall not be operated, stored, or driven. All exclusion areas will be flagged by the Forest Service prior to the initiation of work. The contractor will be provided with maps of the exclusion areas and there will be a field trip to show the contractor the location of the exclusion areas.

a) Exclude forest health treatments from all meadow areas.

b) Exclude forest health treatments from all areas where Cleveland Horkelia is present.

c) Exclude forest health treatments from Sensitive Plant habitat March through Sept.

d) Exclude forest health treatments from Spotted Owl habitat during breeding season.

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2. Snag/Log Retention:

Retain at least ten standing snags/trees, and ten downed trees/logs per acre. Select standing snags/trees, and downed trees/logs with the following characteristics:

a) Diameter shall favor those trees with diameters of 20 inches or greater, but also some narrower snags/logs for habitat diversity.

b) Oak snags and logs.

c) Pine snags which are hollow, broken or flat‐topped, and/or exfoliating.

d) Logs which are moist, crumbling, and located in a relatively cooler and moist microclimates, such as drainages.

3. Soil Protection:

Do not operate equipment when soils are wet. Prior to initiation of work, a Forest Service Contracting Officer’s Representative or designated Inspector will certify in writing that the soils are dry enough to support the equipment.

After each rainfall or snow event, work shall stop until the Forest Service inspects the work area and certifies in writing that the soils are sufficiently dry. After work is completed, smooth over machine trails and other soil disturbances, particularly if they are oriented up and down the slope. Construct water‐bars as needed to divert water flow. When possible, operate machinery on existing roads, on level areas, and along contour of slopes.

Ground based equipment should be limited to less than 45 percent slope. Ephemeral stream crossings shall not exceed 3 per mile. All equipment associated with the project will be washed and cleaned prior to entering the Cleveland National Forest.

4. Heritage:

This project has management measures that are recommended for the protection of historic properties, in accord with Stipulation III (D) (3) of the Regional Programmatic Agreement. As a result, the following required Standard Resource Protection Measures (SRPM) must be implemented prior to and during the implementation of the project.

� Notification of project planner, manager, or implementer (SRPM I (B) (2).

� Flagging and avoidance of historic properties (SRPM I (B) (1)

� Establishment of Buffer Zone (SRPM I (C)

� Protection through project modification, redesign, or elimination (SRPM I (D)

� Monitoring (SRPM I (E)

The CNF Heritage Program Manager (HPM) must be notified at least two weeks prior to project implementation in order that standard resource protection measures (SRPM) may be implemented prior to project implementation, in accord with the Regional Programmatic Agreement. All cultural resource exclusion zones within the project area will be flagged by CNF Heritage Program staff to include a buffer zone of at least 10 meters around the perimeter of cultural resources. No mechanical thinning, tracked vehicle operation, or any other ground disturbing activity will occur within the boundary of any flagged cultural resource exclusion zone without the approval of the CNF HPM.

Bedrock outcrops will not be flagged, but impacts to bedrock outcrops will be avoided during project implementation.

No tracked vehicle operation, or any other ground disturbing activity will occur on or within the immediate vicinity of bedrock outcrops without the approval of the CNF HPM. The use of hand tools to cut and/or remove vegetation within the boundary of cultural resource exclusion areas or areas of bedrock outcrops is permitted if ground disturbance does not occur. The implementation and observance of the listed SRPM may be monitored during and/or after project implementation by Heritage Program staff in order to assess and evaluate their effectiveness in preventing effects to historic properties.

In the event that the scope or design of the project is altered or changed, additional review by the CNF HPM will be required. If any previously unrecorded cultural resources are discovered prior to or during implementation of the project, all ground disturbing project activities in the vicinity of the discovery will cease immediately, appropriate

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steps to secure the discovery must be taken (flagging, road block, etc.) and the CNF HPM must be notified at (858) 673‐6180 (Cleveland National Forest Supervisors Office). Ground disturbing project activities in the vicinity of the discovery may only be resumed with the approval of the CNF HPM.

C.4. RESOURCE AND ENVIRONMENTAL PROTECTION

A. All of the activities associated with this project shall be conducted in such a manner that there shall not be any adverse impact to the following resources:

(1) All section corners, bearing trees, meadows, streamside management zone and ephemeral drainages shall not be disturbed in any way.

(2) Location of areas needing special measures for protection of plants or animals shall be designated on the ground. If a Limited Operating Period is needed for such protection, the dates of restricted activity shall be designated by the Contracting Officer. If new species are listed or found during the term of the contract, the Forest Service may either cancel or unilaterally modify this contract to provide additional protection. Discovery of such areas by either party shall be reported promptly to the other party.

(3) Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture, shall be identified on the ground by the Forest Service.

If an area, object or artifact is discovered or identified by either party during the operation, it shall be reported promptly.

(4) All equipment shall be washed with water prior to moving from one unit/area to the next unit/area in order to control the spread of non‐native noxious weeds.

C.5. WORK PERIOD LIMITATIONS

A. Work shall be performed during the contract period except under the following conditions:

(1) Current or predicted weather conditions indicate a hazardous fire condition justifying curtailment of operation as specified in the Fire Plan section included in this contract.

(2) Adverse weather conditions prevent access to the units.

(3) Any limited operating period identified as necessary for the protection of plants or wildlife needing special measures.

C.6. AGAR 452.228‐71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228‐5, Insurance‐Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compassable under these statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

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(2) The Contractor shall have property damage liability insurance shall be required in the amount of minimum as required by the State Of California per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied the number of seats or passengers, whichever is greater.

C.7. AGAR 452.204‐70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer.

Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

C.8. SSP.2 SUBCONTRACTS

The Contractor shall request permission in writing from the Contracting Officer to subcontract any portion of the contract and furnish sufficient evidence that the subcontractor is experienced and equipped for such work. Written consent to subcontract any portion of the contract shall not be construed to relieve the Contractor of any responsibility under the contract.

C.9. SSP.4 CONTRACTOR'S RESPONSIBILITY FOR CONTRACTOR CAUSED FIRE

The contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor’s employees or resulting from construction operations.

C.10. WORKER SAFETY

(1) The Contractor shall train all workers on the job site in the safe operation of all tools and equipment used on the job site.

(2) The Contractor shall provide all workers on the job site with information concerning the identification and avoidance of site‐specific hazards or hazardous conditions.

(3) The Contractor shall provide appropriate personal protective equipment (PPE) for each worker on the job site. Such equipment shall be in a serviceable, sanitary, and reliable condition; equipment that is found to be damaged or defective shall be immediately replaced and shall not be used.

(4) The Contractor shall ensure that all workers on the site wear the provided PPE while working on the job site.

(5) Consistent with US Department of Labor regulations, PPE shall be provided at no expense to the worker.

(6) Appropriate PPE includes, but is not limited to, the following:

(a) Chain saw chaps approved by Underwriters Laboratory or meet Forest Service specification 6170‐47.

The chaps shall cover the full length of the thigh to the top of the boot on each leg.

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(b) Foot protection that provides adequate traction and ankle support. For workers operating chain saws, foot protection that shall be constructed with cut‐resistant material which will protect the employee against contact with a running chain saw.

(c) Hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1‐1997. Hard hats shall be worn where there is potential for head injury from falling or flying objects.

(d) Eye protection that meets the minimum requirements of ANSI standard Z87.1‐2003. Eye protection shall be worn where there is potential for eye injury due to flying objects or sharp objects encountered at eye level.

(e) Hearing protection where there is a potential for hearing loss due to high intensity noise—e.g., chain saw operation.

C.11. CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

Camping is not permitted in any U.S. Forest Service public campgrounds. Camping is authorized only by specific permit and is not automatic under this contract. Failure to abide by the terms of any camping permit issued will result in revocation of camping privileges on U.S. Forest Service Lands.

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

(1) These provisions are in addition to those contained in, or provided for, in the clause titled “Use of

Premises”, in this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(a) Gauze pads (at least 4x4 inches)

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

(c) Box adhesive bandages (Band‐Aids)

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

(e) Two triangular bandages

(f) Scissors

(g) At least one blanket

(h) Tweezers

(i) Adhesive tape

(j) Latex gloves

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

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

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

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

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

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

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

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

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

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

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

C.12. FSAR 4G52.222‐701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

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

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

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

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

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

C.13. 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, pre‐commercial 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

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activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

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

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

(2) Wage and Payroll Standards

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

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

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

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

(3) Motor Vehicle Safety

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

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

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance in accordance with applicable state requirements.

(4) Housing

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

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

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

C.14. WORKER HOUSING SUPPLEMENT TO FSAR 4G52.222‐702 (d) (4) Add the following to the clause at H.8, paragraph (d), subparagraph (4) Housing:

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

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

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

13 AG-9AB5-S-15-0037

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

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

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

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

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97‐28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

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

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

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

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

C.15. 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.

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Contract Terms and Conditions

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders ‐ Commercial Items. (MAR 2015)

(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) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

(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) (Public Laws 108‐77 and 108‐78 (19 U.S.C. 3805 note)).

(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 check as appropriate.)

[] (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C.

3509).

[] (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[XX] (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUL 2013) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

(5) (Reserved)

[] (6) 52.204‐14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111‐117, section 743 of Div. C).

[] (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (JAN 2014) (Pub. L. 111‐117, section 743 of Div. C).

[XX] (8) 52.209‐6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C.

6101 note).

[] (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[] (10) (Reserved)

15 AG-9AB5-S-15-0037

[] (11)(i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219‐3.

[] (12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219‐4.

[] (13) (Reserved)

[XX] (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2011) (15 U.S.C.

644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219‐7.

[] (iii) Alternate II (MAR 2004) of 52.219‐7.

[] (16) 52.219‐8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219‐9, Small Business Subcontracting Plan (OCT 2014) (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.

[] (iv) Alternate III (OCT 2014) of 52.219‐9.

[] (18) 52.219‐13, Notice of Set‐Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[XX] (19) 52.219‐14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219‐16, Liquidated Damages‐Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (NOV 2011) (15 U.S.C. 657f).

[XX] (22) 52.219‐28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[] (23) 52.219‐29, Notice of Set‐Aside for Economically Disadvantaged Women‐Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

16 AG-9AB5-S-15-0037

[] (24) 52.219‐30, Notice of Set‐Aside for Women‐Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

[XX] (25) 52.222‐3, Convict Labor (JUN 2003) (E.O. 11755).

[XX] (26) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[XX] (27) 52.222‐21, Prohibition of Segregated Facilities (FEB 1999).

[XX] (28) 52.222‐26, Equal Opportunity (MAR 2007) (E.O. 11246).

[XX] (29) 52.222‐35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[XX] (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[XX] (31) 52.222‐37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[] (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[XX] (33)(i) 52.222‐50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O.

13627).

[] (34) 52.222‐54, Employment Eligibility Verification (AUG 2013). (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.)

[] (35)(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.)

[] (36)(i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223‐13.

[] (37)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223‐14.

[] (38) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C.

8259b).

[] (39)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (JUN

17 AG-9AB5-S-15-0037

2014) (E.O.s 13423 and 13514).

[](ii) Alternate I (JUN 2014) of 52.223‐16.

[XX] (40) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (41) 52.225‐1, Buy American‐Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (42)(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

[] (ii) Alternate I (MAY 2014) of 52.225‐3.

[] (iii) Alternate II (MAY 2014) of 52.225‐3.

[] (iv) Alternate III (MAY 2014) of 52.225‐3.

[] (43) 52.225‐5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[XX] (44) 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).

[] (45) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (NOV 2007) (42 U.S.C.

5150).

[] (47) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[] (48) 52.232‐29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (49) 52.232‐30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[XX] (50) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (51) 52.232‐34, Payment by Electronic Funds Transfer ‐ Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (52) 52.232‐36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239‐1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

18 AG-9AB5-S-15-0037

[] (54)(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.)

[XX] (1) 52.222‐41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[XX] (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222‐17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (8) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[]…