Sol_AG-9AB5-S-16-0004.pdf

AG-9AB5-S-16-0004

Fuels Reduction, CNF

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

Fuels Reduction Cleveland National Forest

EST.

Hand Cutting and Piling to decrease Fuel 75 $______/AC $_________

TOTAL BID $_________

Contractor shall furnish all equipment, labor, supplies, supervision, transportation, and incidentals (except those designated as Government-furnished) necessary to perform the work in accordance with the specifications, terms, and conditions contained within. Contractor is urged to inspect the project sites prior to submitting a quote.

The technical contact for this project is Tim Gray. Contact Mr. Gray to make arrangements to visit the site. He can be reached at (818) 899-1900.

See Section L.6 for list of documents to be submitted with your quote.

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

____ I certify that I have a valid Injury and Illness Prevention Program (IIPP)

Signature Date

Company Name http://www.sam.gov/

C - SECTION C - Description/Specifications/Statement of Work

Scope of Contract

The purpose of this project is to procure services for fuels reduction/modification on approximately 75 acres through hand cutting and piling in order to decrease fuel loading and increase the resilience of the forest to high intensity fire. Hand cutting will involve all live and dead vegetation within a specified size range occurring inside the project boundaries. Piling will be accomplished using a machine/tractor on slopes less than 30% and by hand elsewhere. Specific work requirements are described below in the requirements section. The Contractor shall furnish all labor, equipment, supervision, transportation (including but not limited to mobilization), operating supplies, and incidentals needed to complete the project as described below.

Exclusions (non-work areas): within the unit boundaries, the Government may exclude work in such areas as: archaeological sites, sensitive plant sites, wildlife areas, wet areas, and other special areas. These areas will be flagged, color will vary.

All removal efforts will be recorded with a GPS and field notes by a designated inspector. Payment will only be authorized for actual acres completed.

Location and Description

Location – The project is located within the boundaries of the Cleveland National Forest, Palomar Ranger District in Southern California (Figure 1). The project is near the community of Palomar Mtn. and can be accessed via South Grade road (S6) or East Grade road (S7) that both connect to Highway 76. Once on Palomar Mtn. access is through Palomar Mtn. State Park to Myer’s Fire road near campsites 9-12. Take Myer’s Fire road north and then east to where the road dead ends near a collapsed cabin (Figure 2). The legal description is Township 9 South, Range 1 East, Section 32, San Bernardino Base Meridian, San Diego County, California. Additional maps can be purchased at the Ramona District Office (M-F) 8:00-4:30 located at 1634 Black Canyon Rd. Ramona, CA 92065.

Description – The project is on a northern aspect and ranges in elevation from 5170 to 5532 feet above sea level. Slopes range from 0 to 75% steepness with an average slope of 32%. Vegetation within the unit is best described as mixed conifer, with an overstory of mature incense cedar, white fir, and Coulter pine and an understory of incense cedar and white fir regeneration. The understory also contains large amounts of dead and down woody debris in large size classes (>16 inches in diameter) and pockets of dense shrubs, mostly ceanothus ranging in height from 2 to 15 feet. The project boundaries will be flagged or have actual hand line prior to the start of work.

Contract Time

In order to minimize the risk posed by the Ips bark beetle infesting the pine slash the project must be completed between August 15, 2016 and January 1, 2017. Contract time includes delays for weather, project activity level restrictions, locating and transporting supplies and materials, and final cleanup. A pre-bid site visit may be scheduled with COR Tim Gray, he can be reached at (619) 209-1414.

Definitions

Acceptable Quality Level (AQL) - The maximum allowable deviation from the Quality Standard established by the Government for work to be performed in this contract before the Government would invoke payment deductions. The AQL does not allow the Contractor to knowingly offer or perform defective services below the Quality Standard, but limits reduced payments to circumstances in which defective performance results in a measurable reduction in the value of services received by the Government.

Diameter at Breast Height (dbh) - The diameter of the main trunk of a tree/shrub measured at 4.5 ft above ground level.

Quality Standard - The established standard against which all of the Contractor’s performance shall be measured.

Slash - The cut or unused portion of vegetation that is no longer attached to the ground.

Sporax® - The brand name for a fungicide containing the chemical borax used to prevent the inoculation of freshly cut stumps by root disease (Heterobasidion spp.).

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:

A. All work will be conducted in accordance with the fire plan. See attached FIRE PLAN

FOR CONSTRUCTION AND SERVICE CONTRACTS.

B. In accordance with the Area 675 PAL (Project Activity Level) each day. PAL is available by 4:30 pm the prior day through CNF Dispatch (619) 557-5262. All work will occur only when PAL permits.

C. When the Contracting Officer (or designated representative) determines that adverse weather will make continued vehicular travel cause unacceptable road damage and harm to natural resources.

D. All project related work shall cease immediately if any heritage resources are discovered and notification to COR shall be initiated.

Requirements

Hand cutting is required, no mechanical cutting is authorized. The general project requirements for tree/brush cutting, piling, and other special requirements are described below.

General Cutting

A. Cut all live and dead standing trees/shrubs that are over 6 inches in height and less than 6 inches in dbh. This includes all species with a woody base, even those that are short in stature (e.g. California buckwheat).

B. All stumps must be less than 4 inches in height.

C. Limb up, to a height of 4 or 5 feet, all leave trees.

D. Sporax® or an identical chemical will be applied to all freshly cut stumps originating from trees with dbh’s greater than 2 inches, no more than 3 days after cutting, preferably immediately following cutting. The chemical will be applied according to the manufacture’s recommendations, which are usually more than 1 pound for every 50 square feet of surface area.

E. Buck and pile all down logs less than 24 inches in diameter.

(a)Areas within 25 feet of the project boundary.

F. Cutting requirements are the same as above except for the following. Cut and pile all snags and down logs regardless of size.

Piling

A. On slopes < 30%. Machine/tractor pile all slash and dead and down material into piles that are between 15 to 30 feet in diameter and between 6 to 15 feet tall. Minor exceptions will be made so as to prevent the possibility of piles being either too close together or too close to adjacent leave trees such that damage might occur during burning. All piled material should be cut sufficiently (generally 3 to 4 feet in length) to produce a tight pile with minimal airspace. No piles are to be constructed beneath the drip line of leave trees and tree clumps (i.e. place piles in openings within the canopy). Piles are located away from residual snags and down logs to avoid ignition during burning operations. Piles do not obstruct roads, trails, or other travel and access. Piles will be built in a vertical-conical arrangement, NOT in a flat/stacked manner.

B. On slopes > 30%. Hand piles will be constructed and should be between 10 to 30 feet in diameter and between 6 to 15 feet tall. All piled material should be cut sufficiently (generally 3 to 4 feet in length) to produce a tight pile with minimal airspace. No piles are constructed beneath the drip line of trees and tree clumps to a distance of 5 feet from the drip line. Piles are located away from residual snags and down logs to avoid ignition during burning operations. Piles do not obstruct roads, trails, or other travel and access.

Piles will be built in a vertical-conical arrangement, NOT in a flat/stacked manner.

C. All piles shall be located more than 25 feet from the project boundary.

D. All piles should be covered on the top with a minimum of a 4 by 4 foot piece of Kraft paper and covered with enough slash so as the paper does not fly away. The purpose of this is to maintain a dry area in the pile to ease ignition operations in the future.

Special Requirements

No machine/tractor piling will occur within 98.5 feet (30 meters) of the high water mark on the seasonally flowing channel located on the far eastern boundary.

Performance Requirements Summary / Quality Assurance Surveillance Plan

The following part of the contract specifies the (1) quality standards and the acceptable quality level for each of the tasks/requirements, the (2) means of measuring the level of quality, and any (3) penalties or incentives associated with the level of quality.

1. Quality standards and acceptable quality levels for tasks and requirements.

2. Tree /shrub cutting. More than 95% of all trees/shrubs that are designated for cutting shall be cut following the requirements previously specified. This shall be counted on an individual stem basis, that is, each individual stem originating from the ground shall count as a single stem. Thus, more than 95% of all stems meeting the requirements for cutting shall be cut.

3. Stump heights. More than 95% of all stumps should be less than 4 inches in height.

4. Piles. More than 99% of all piles should be covered with Kraft paper.

Additionally, more than 95% of all piles shall meet the size specifications previously mentioned.

Means of quality measurement

A – Tree/shrub cutting and stump height. The Contractor shall install 5 (1% sample) randomly placed 1/20th acre (26.3 foot radius) plots throughout the project area to verify project requirements. Each plot center will be marked with flagging. At each plot the Contractor will record, at a minimum, GPS location (latitude and longitude), number of stems that should be cut (as described in the requirements section), the number of stems actually cut, and the stump height (in inches). From this, for each plot, the contractor will compute a percentage of stems cut (number actually cut / number that should be cut) x 100 and the average height of all cut stumps. The Contractor shall show in writing the percentage of stems actually cut and the average stump height both for each individual plot and an average for each Unit.

E - SECTION E - Inspection and Acceptance

E.1 FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E.2 Inspection

The Contractor shall inspect their work on an ongoing basis and make available to the Government the results of the inspections. The intended purpose of the Contractor doing self-inspection is quality control of the work being performed, thereby allowing the Contractor to identify and correct any quality deficiencies in their work while the work is in progress. The inspection quality will be calculated on a daily basis and an inspection summary shall be given to the COR at least weekly. The Contractor shall mark on the ground with flagging their inspection plots. The Contractor shall request an inspection of their work by the Government prior to submitting invoices for payment. A summary of the Contractor’s self-inspection, in writing, shall accompany any request for Government inspection.

The Government shall conduct inspections of the Contractor’s work to determine compliance with the contract specifications and determine a basis for making payment. Initial inspections will consist of visual inspection of the work performed and will be based on the AQL for the tasks and requirements. The Government may also install a series of inspection plots to check for compliance with the AQL.

Work will be accepted when it is determined by the visual inspection or plot data that the Contractor’s work conforms to the AQL for the tasks and requirements.

Missed areas within the work unit will not be considered a part of the work being inspected and must be re-worked regardless of the results of the inspection of the work completed within the unit. Work units that do not comply with the AQL for the tasks and requirements are unacceptable and shall be reworked.

The unacceptable Units will be re-inspected one final time, if the rework fails to comply with the AQL after the second inspection any further inspections will be deemed an excessive amount of inspection by the Government and deductions will be applied following the guidelines stated below, regardless of whether the Contractor chooses to rework the area again.

E.3 Penalties and incentives

Penalties for unacceptable work by the contractor. (1) Where possible, the Contractor shall rework at no cost to the Government, all work which does not meet the minimum AQL. (2) Contractor shall bear the cost of extra inspections by the Government if the Government has to perform extra monitoring of the Contractor’s work (re-inspections of areas reworked). (3) The Government may accept the Contractor’s work, but at a reduced payment rate. (4) The Government may secure the services of another contractor to complete work or to bring the Contractor’s work up to the AQL prior to final payment, with the Contractor paying for the rework by the second contractor.

Incentives for acceptable work by the Contractor. The Contractor shall receive a good performance rating and receive recommendations for award of similar work in the future.

E.4 Payments/deductions

Payments will be made at the full contract unit price for work listed in the Schedule of Supplies/Services where the Contractor’s work complies with the AQL for the tasks and requirements.

Deductions will be made for work by the Contractor which does not meet the AQL for the tasks and requirements. If the Contractor does not perform rework to bring their work up the AQL, at a minimum, the Government will do one of the following: (1) Determine what it would cost to secure services to bring the Contractor’s work up to the described “Acceptable Quality Level for each task and requirement”, and the cost of performing this work will be deducted from the contract price; (2) Determine the value of the work performed and make a reduced payment based on the value of the sub-standard work; (3) Make deductions from the contract price for unacceptable resource damage; and (4) If the Government inspectors find it necessary to spend more than a reasonable/normal amount of time inspecting the Contractor’s work, the Contractor shall pay for the Government’s increased inspection time. This re-inspection deduction will be calculated based on each employee’s (that is involved in the re-inspection) daily rate times the number of days (hours) spent re-inspecting each Unit.

E.5 Quality Control

The Contractor shall conduct inspections in accordance with the Quality Control Plan provided to the Contracting Officer. The Quality Control Plan shall be approved by the Contracting Officer prior to the start of work. The Contracting Officer may implement quality control measures in additional to those provided by the Contractor.

E.6 Acceptance

The Contracting Officer will accept only completed work for evaluation. When notified by the Contractor of completed of work, such work will be evaluated for quality against the specification of this task order. The evaluation will include, but is not limited to a review of the quality control measures performed by the Contractor. Additional measures may be implemented by the Contracting Officer including, but not limited to, a 2 percent sample of the completed work using either a plot or transect sampling system. Only work described by the Contractor as completed will be evaluated.

Work is deemed acceptable when final Contracting Officer inspection indicates at least 90% quality achievement of the task order specifications described Section C.

F - 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 full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984)

F.2 CONTRACT TIME

Item Estimated Start Date Completion Date

1 Fuels Treatment August 15, 2016 January 1, 2017

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 NOTICE TO PROCEED AND CONTRACT TIME

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.

http://www.acquisition.gov/

G - SECTION G - Contract Administration Data

G.1 Transportation

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.

G.2 Road Maintenance

Commensurate with use, the Contractor shall be responsible for maintaining all roads within the project area. A specific Road Maintenance Plan shall be approved by the Contracting Officer prior to commencing operations. An approved Road Maintenance Plan may include but is not limited to blading and shaping the existing road cross-section; installation of drainage features such as water bars, dips and other drainage features, protection of existing surface material, disposal of slide material in approved locations, maintaining roadside brush for sight distance visibility, seasonal travel way cleanup, drainage structure maintenance, preventive maintenance, dust abatement and roadside slash disposal.

G.3 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.

G.4 Schedule

The Contractor shall provide to the Contracting Officer, for approval, a practicable work schedule at the pre work conference. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of payments until the Contractor submits the required schedule.

If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, and days of work. The Contractor is required to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the

Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

H - 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 Historic Sites. (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer 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 fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis.

A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence.

Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

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

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

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, 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 drivers license.

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

(4) Housing

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

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

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

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 handwashing 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 handwashing 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.

I - SECTION I - Contract Clauses

I.1 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

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY

2011) 52.204-6 Data Universal Numbering System Number. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.222-3 Convict Labor. (JUN 2003) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-41 Service Contract Labor Standards. (MAY 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (SEP 2013) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras. (APR 1984) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt payment. (JUL 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.242-13 Bankruptcy. (JUL 1995) 52.243-1 Changes - Fixed-Price. (AUG 1987) 52.245-1 Government Property. (APR 2012) 52.246-25 Limitation of Liability - Services. (FEB 1997) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

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 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

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

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and 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 52.219-14 Limitations on Subcontracting. (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies).

The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

I.5 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits

(End of clause)

I.6 FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.