AG-9AC7-S-15-0080.pdf

2015 Mud Springs Fuel Break Project on the South Fork Management Unit of the Shasta-Trinity

National Forest

Solicitation No. AG-9AC7-S-15-0080

CONTINUATION OF SF1449

2015 Mud Springs Fuel Break Project

Schedule of Items

Item Description Qty/Unit Price/Acre Total Price

0001 Fuel Break Construction 115 acres $_________ $______________

0002 Line Construction 28,600 linear feet $_________ $_______________

TOTAL of All Items $_______________

SUBMISSION OF QUOTES

There is no need to return any portion of the solicitation that is not part of your response. PLEASE

SEPARATE YOUR PRICE OFFER FROM YOUR TECHNICAL RESPONSE.

Submission of quotes by email is preferred, to dmmorris@fs.fed.us

Responses may be mailed or delivered to: USDA FS NCASA (c/o D. Morris)

3644 Avtech Parkway

Redding, CA 96002

RESPONSE REQUIRED TO BE CONSIDERED FOR AWARD

SAM (System for Award Management) Entity

SAM replaces and consolidates CCR (Central Contractor Registration), ORCA (Online Representations and Certifications) and other systems. Quoters must have a DUNS Number and an Active SAM Entity to receive award.

1. Quoters WITH an Active SAM Entity shall provide their DUNS Number.

2. Quoters WITHOUT an Active SAM Entity SHALL:

a. Fill out FAR Provision 52.212-3, Offeror Representations and Certifications –

Commercial Items, and return it completed as part of the quote. The Provision has been provided in full-text in the Solicitation Provisions section.

b. Quoters may submit offers before SAM Entity Registration/Activation is complete, but are advised that Activation may take 7-10 days to process after Registering and award may follow as soon as one day after the Solicitation closes. Quoters without an Active

SAM Entity registration cannot receive award and will be bypassed in award decision..

There is no cost to obtain a DUNS Number or SAM Entity or to contact the Federal Service

Desk (FSD) through the official sources.

To obtain a DUNS Number: http://fedgov.dnb.com/webform

To Register or Renew a SAM Entity Registration: www.sam.gov

To contact the SAM Helpdesk (The Federal Service Desk, or FSD): www.fsd.gov

AGAR Provision 452.209-70

All Quoters shall fill out AGAR Provision 452.209-70 (Representation by Corporations Regarding an

Unpaid Delinquent Tax Liability or a Felony Conviction, Deviation 2012-01, Alternate 1) and return it as a part of the quote.

Response to Evaluation Factors (Technical and Price Criteria)

Quoters must respond to all Evaluation Factors as described in the Evaluation Factors section.

Incomplete responses may not be considered.

mailto:dmmorris@fs.fed.us https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://fedgov.dnb.com/webform http://www.sam.gov/ http://www.fsd.gov/

CONTRACT CLAUSES

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 or provision may be accessed electronically at:

www.acquisition.gov/far/ (FAR) and http://www.dm.usda.gov/procurement/policy/agar.htm (AGAR).

The following clauses are incorporated by reference.

FAR 52.204-4 Printed or Copied Double-Sided On Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (DEC 2014)

FAR 52.211-18 Variation in Estimated Quantities (APR 1984)

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

(SEP 2013) (http://www.usda.gov/biopreferred)

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

FAR 52.236-13 Accident Prevention (NOV 1991)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants -- Alternate I (FEB 2012)

AGAR 452.236-72 Use of Premises (NOV 1996)

AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988)

AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

AGAR 452.236-77 Emergency Response (NOV 1996)

The following clauses are included in full text.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from Date of Award through December 31, 2015.

Estimated start work date is July 13, 2015.

FAR 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, 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:

https://acquisition.gov/far/current/html/52_248_253.html#wp1120047 http://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.htm https://acquisition.gov/far/current/html/52_212_213.html#wp1179465 http://www.usda.gov/biopreferred http://www.dm.usda.gov/procurement/policy/docs/USDAFARDeviation03-22-2012Solicitation.pdf http://www.dm.usda.gov/procurement/policy/agar_x/agar02/subchaph.html#21175 https://acquisition.gov/far/current/html/52_212_213.html#wp1203358

Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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).

___ (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).

_X (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May

2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

___ (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 2011) (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]

X_ (14) (i) 52.219-6, Notice of Total Small Business 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 (June 2003) (15 U.S.C. 644).

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

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

___ (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)).

___ (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).

X (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)).

___ (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)).

X _ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (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).

___ (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 Television (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

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

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (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).

___ (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)).

_X (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).

___ (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.]

_X (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X (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).

The Following Statement is for Information Only. It is Not a Wage Determination.

Employee Class: 08010: Brush/Precommercial Thinner

Monetary Wage: $ 15.14 hour + Fringe The full text of the applicable SCA Wage

Determination 77-0727 Rev.-47 dated 2/23/2015. The full Text of the applicable SCA Wage

Determination is included in this Contract as an attachment.

X (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).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

_X (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order

13658).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of

FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xi) 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.)

(xii) 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)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive

Order 13658).

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

(End of Clause)

Minimum Wages Under Executive Order 13658 (Dec 2014)

(a) Definitions. As used in this clause--

“United States'' means the 50 states and the District of Columbia.

“Worker''—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29

U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter

IV),

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of

Labor's Employment and Training Administration, Office of Apprenticeship, or with a State

Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The

Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable

E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate

Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract.

http://www.wdol.gov/

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the

Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR

10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the

Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable

Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training

Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29

U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract

Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the

Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

http://www.dol.gov/whd/govcontracts

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate

Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the

Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the

Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

INSPECTION OF SERVICES (FAR 52.246-4) (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 to 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 re-performance, 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.

CAMPING

There shall be no camping on Lassen National Forest lands included in this contract.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

INTRODUCTION AND BACKGROUND

The South Fork Management Unit of the Shasta Trinity National Forest intends to secure services for the treatment of the surface, understory, and canopy of flammable materials in the Mud Springs Fuel

Modification Zone (FMZ)* of unit 2 & 3 and the construction of 28,500 feet (5.4 miles) fireline around the project area as decribed in the below in the Specific Work Requirements.

The project requires the hand cutting, piling, and covering of all live/dead shrubs and over stock trees less than 8 inch DBH, pruning the residual trees, and snag felling on 115 acres. Thinning of trees will consist of selecting leave trees based on dominance and health on a 20 X 20 foot spacing: all other trees

8 inch DBH and under are cut. Felled trees and dead/down trees will be limbed, bucked, piled, and covered. Tree and brush cutting shall be done in a manner that does not damage leave trees.

The contract area is within the Hayfork Ranger District, South Fork Managemen Unit, Mud Springs

Project Area on the Shasta-Trinity National Forest. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies (unless specified elsewhere as

Government furnished), and incidentals necessary to complete the project including quality control, in compliance with the terms, specifications and requirements of this contract

This contract includes the requirement for the use biobased products when applicable and available. The following are a list of categories for biopreferred products required for the performance of this service contract: Equipment Lubricants, Hydraulic Fuels, Fuel Additives, and Engine Oils. Information about the Department of Agriculture Biobased Program is available at http://www.biopreferred.gov.

PROJECT LOCATIONS AND BOUNDARIES

Location: The project is located on the Hayfork Ranger Districts, South Fork Management Unit, Shasta-Trinity National Forest, in Trinity County, California. The legal description for Unit 2 & 3 is as follows: T29N R12W Sec 4-6 & T30N R12W Sec 31.

Boundaries: The boundaries of all work units are marked with solid pink and white/yellow candy strip flagging. If the boundaries or non-work areas are to be marked in a different manner, the Government shall inform the Contractor.

Accessibility: See attached Mud Springs Project map.

Maps: The maps are intended to show only the general size, shape, and location of the unit and area.

The locations on the Project Map are approximate and the locations on the ground take precedence over the locations on the Project Map. If the maps conflict with the field marking the field markings shall govern. Positions of features are approximate.

http://www.biopreferred.gov/

SPECIFIC WORK REQUIREMENTS

LEAVE TREE AND HAND CUTTING – TREES/BRUSH

1. “Leave Trees” by definition are the remaining trees after the cutting.

2. Brush for treatment is defined as less than 15 feet in height and greater than 1/8 inch in diameter at

12 inches from ground level.

3. Leave tree spacing is 20’ X 20’.

4. Green trees with DBH 10-inch or greater will not be cut and will be considered in the spacing as

Leave Trees.

5. All non-leave trees 10-inch DBH or smaller and all brush species 18 inches and taller shall be cut.

6. If an area of 20x20 feet spacing is devoid of live trees of 10-inch or greater DBH, then the selection of a Leave Tree will be the healthiest dominate to co-dominate tree less than 10-inch DBH, if any present.

7. Precedence of leave trees will be Douglas fir, ponderosa pine, oaks, grey pine, and knob cone.

8. Green slash and dead material greater than 10 inches diameter at the large end will be bucked into 8 to 10 foot lengths and disperse, unless specified by Forest Service program manager.

9. All green and natural dead and down debris to be piled will be bucked into lengths no longer than 6 feet.

10. Snags that can safely be felled less than 24 inches DBH could be cut.

11. All vegetation activity stumps shall be cut flush to 6 inches or less above ground level on the up-hill side.

12. All brush shall be cut below the lowest live branch.

13. Lower limbs of Leave Trees will be pruned up to 6-8 feet on all sides of the tree. Trees less than 25 feet will have its lower 1/3 of the bole pruned of limbs.

14. Slash materials will be piled 10 feet out of stream courses if it is not designated as a Riparian

Reserve.

HAND PILING-COVERING

1. All created slash and natural dead/down debris exceeding 24 inches in length and 1 inch in diameter shall be piled.

2. Materials greater than 10 inch diameter does not have to be piled but does need to be cut into lengths no longer than 8 to 10 feet, unless otherwise directed by Forest Service program manager.

3. All piles will be covered with a “paper type” material; place in the upper 2/3’s of the pile; long enough to cover 3/4 of the pile; place over the center crown of the pile, and sufficiently anchored to withstand high winds.

4. Unless otherwise approved, piles shall be built away from the dripline of leave trees, snags, and located so that burning will not cause damage to standing green trees uphill.

5. Do not pile next to or on large down woody material or stumps, and keep piles off of road prism.

6. Keep piles 10’ away from the fireline.

7. No work will be performed in the exclusion zone of the riparian reserves, defined as the area showing annual scour to the break in slope. In ephemeral stream courses showing no scour, slash material will be hand moved and built 10 feet out of the stream bottom.

8. Slash material will not extend any further than 18 inches from piles.

9. Piles will meet the following criteria:

Pile Dimensions (under tree’s canopy)

Piles shall not be smaller than 4 feet x 4 feet width or bigger than 6 feet x 6 feet.

Constructed in a cone shape and located in a manner suitable for burning.

Pile Dimensions (open areas)

Piles shall not be smaller than 4 feet x 4 feet width and shall not exceed 10 feet by 10 feet width.

Constructed in a cone shape and located in a manner suitable for burning.

FIRELINE CONSTRUCTION

1. Fireline will follow along designated flagging but located to minimize fire spread, the use of natural barriers, and away from heavy fuel loading.

2. Construction of fire line is a 2 foot scrape to mineral soil and an 8 foot clearance cut of overhanging branches and brush on each side of the fireline.

3. Cup trenches will be constructed were rolling materials could occur.

4. Individual piles will need to be lined if they are outside of the main fireline.

5. Construction of fireline through Riparian Reserves will need prior approval.

REWORK

If the contractor is not meeting the Performance Work Statement as determine by field inspections of the

COR or the project inspections, the contractor will go back to the unsatisfactory area(s) and do rework to bring the area(s) into compliance of the Work Statement. It will be the contractor’s responsibility to do the rework at their cost. No additional Forest Service funding will be added for rework.

INSPECTION AND ACCEPTANCE

Contractor’s Self Inspection – The Contractor shall maintain an inspection system acceptable to the

Government. 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, there-by 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 unit basis. Inspections shall be conducted and maintained by the individual work unit.

Government Inspection – The Government will conduct inspections of the Contractor’s work to determine compliance with the contract specifications and determine a basis for making payment. Initial inspections may consist of a 100% visual inspection of the work performed and will be based on adherence to the Acceptable Quality Level (AQL) for the tasks and critical subtasks. The Government may also install a series of inspection plots to check for compliance with the AQL.

Acceptance – Work will be accepted when it is determined by the visual inspection or plot data that the

Contractor’s work conforms to the Acceptable Quality Level (AQL) for the task and critical subtasks.

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 in the unit. Work units that do not comply with the Acceptable Quality Level for the task and critical subtask are un-acceptable and shall be reworked.

PAYMENTS/DEDUCTIONS

Payments-

Payment will be made at the full contract unit price for work listed in the Schedule of Items where the

Contractor’s work complies with the Acceptable Quality Level for the task and critical subtasks.

Receipt of a proper invoice from the Contractor is required for payments to be made. Partial payments of no less than $2,500 each may be approved.

Deductions-

Work by the Contractor, which does not meet the Acceptable Quality Level for the task and critical subtasks is un-acceptable and may not be paid for, depending upon damages suffered. If the Contractor does not perform re-work to bring their work up the acceptable quality level, at a minimum, the

Government will do one or more 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 critical subtask 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 un-acceptable resource damage. The amount of damages will be determined by the Contracting Officer. (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.

INTERNET PAYMENT PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing

Platform (IPP). The Contractor must follow the instructions on how to register and submit invoices via

IPP as prescribed in the previous communications from USDA and Treasure. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S.

Department of Treasury and additional information is available at this website:

https://www.ipp.gov/index.htm .

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

CONTRACTOR FURNISHED PROPERTY

The contractor shall furnish the Cover Paper used for covering the piles. The paper shall be waxed on one side and in 4 ft. lengths. Approximately 115 rolls will be required.

SITE VISIT (FAR 52.237-1) (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Date: April 20, 2015

Time: 09:30 am

Location: Hayfork Ranger Station, 111 Trinity Street, Hayfork, CA 96041

RSVP is advised if you’d like to be notified in the event of meeting cancellation. No Government transportation will be provided. If you have any questions or concerns while visiting the site please contact: Keith Rohrs 530-628-1245.

POST AWARD CONFERENCE (AGAR452.215-73) (NOV 1996)

A post award conference with the successful bidder may be required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a location and time mutually agreeable to the Forest Service and the Contractor.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer about any subcontract arrangement related to this contract. Any subcontractor not identified in the contractor’s technical response is subject to the approval of the Contracting Officer. Any subcontractor shall have the relevant experience and appropriate equipment for such work. The written notification shall include as a minimum:

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain appropriate flow down terms and conditions of the prime contract.

CONTRACTOR ON-SITE REPRESENTATIVE

Before work starts, the Contractor shall designate in writing, a representative to act for the contractor during his absence. The Contractor’s representative shall read and speak fluent English. The Contractor shall list the extent of authority the designated representative will have on the job. The Contractor or acting authorized Representative shall receive orders from the COR/Inspector as required to keep the job in progress and adherence to technical specifications, as needed, to finish the job.

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of

$__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

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

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire 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.

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.