Solicitation.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

DATE

04/07/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CONTRACTING OFFICER: MATTHEW GAGNON

TECHNICAL REPRESENTATIVE: JEFF GRIFFIN

b. TELEPHONE NUMBER(No collect calls) 530-478-6826 209-295-5950

8. OFFER DUE DATE/ LOCAL TIME

APRIL 28TH @ 3:00 P.M.

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

FORMCHECKBOX

SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS

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HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS:

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SERVICE DISABLED FORMCHECKBOX

EDWOSB

VETERAN- OWNED SIZE STANDARD:

SMALL BUSINESS FORMCHECKBOX

8(A)

US FOREST SERVICE

TAHOE NATIONAL FOREST

631 COYOTE STREET

NEVADA CITY, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER

IS CHECKED

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SEE ADDENDUM

ELDORADO NATIONAL FOREST

See separate schedule sheet.

Contractor MUST be registered in the System for Award Management

(SAM) before award can be made.

Please provide the following information:

DUNS#_________________

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

FORMCHECKBOX

ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________

FORMCHECKBOX

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

MATTHEW GAGNON

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

FORMCHECKBOX

INSPECTED

FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECT FOR

|PARTIAL | |FINAL

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

PART 1: SCHEDULE OF ITEMS

SECTION B:

SUPPLIES/SERVICES & PRICES/COSTS

Total:

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY:

SIGNATURE:

PHONE:

VENDOR NAME:

FAX:

ADDRESS:

EMAIL:

DUNS NUMBER:

CONTACT:

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to reduce undesirable trees and brush in reforestation stands by the use of hand held equipment. The areas will be treated in such a way that all technical specifications will be met.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

Before work starts the Contractor shall designate, in writing, a person to act for him during his absence from the work site. The Contractor shall list the extent of authority his representative will have on the job. The Contractor or his authorized representative shall be on the project area whenever work is in progress and shall act as a non-working supervisor. In the absence of the Contractor, his authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. The Contractor and his representative(s) shall have an oral command of the English language and the language common to the crew(s).

C.2 Project Location & Description Location: The project is located on the Amador Ranger District of the Eldorado National Forest.

The Amador Ranger District office is located at 26820 Silver Drive, Pioneer, CA 95666, approximately 18 miles (29km) east of Jackson, CA on State Highway 88. All work sites are within approximately 1 hour travel time from the district office. The location of the work sites, access to the area, size of stands, and other information pertinent to each treatment stand is contained on the vicinity and location maps and Supplemental Specifications Data Table.

Description: All stands are reforestation areas resulting from the 2004 Power Fire, containing various proportions of dense young trees and brush. Slope and aspect are variable, including significant steep (>35%) slopes. Elevation ranges from 4,000’ to 6,500’ above sea level.

Boundaries of treatment areas will generally be defined by the edge of the surrounding mature timber or other geographic features such as roads, ridges, and/or drainages. In cases where the boundary is unclear, the Government will, at the Contractor's request, mark the boundary in question with blue and white striped flagging. All markings from previous treatments, including flagging of any color, will be disregarded.

Item 1, Brushcutting – Cutting of woody brush will be performed in 9 stands, totaling 221 acres. Vegetation to be treated consists primarily of deerbrush with some areas of whitethorn, manzanita, cherry, and other minor woody brush species. See Supplemental Specifications Data Table for individual stand information.

Item 2, Pre-commercial Thinning (PCT) – Pre-commercial thinning of conifers will be performed in 8 stands, totaling 396 acres. Treatment areas will generally consist primarily of plantation trees, but will include residual young growth and natural regeneration which may be different in size from the plantation trees. All trees, planted and natural, within the treatment area must be thinned to specifications. Understory vegetation consists primarily of whitethorn and manzanita, with some areas of deerbrush, bearclover, grasses and forbs. See Supplemental Specifications Data Table for individual stand information.

Exclusions (non-work areas): Within the treatment area boundaries, the Government may exclude non-work areas, such as residual timber, rocky areas, archaeological sites, sensitive plant sites, wildlife areas, riparian areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas either verbally or with flagging.

Accessibility: All work areas are accessible by standard vehicle via the existing road system. However, some roads may be impassible due to mud, snow, or other conditions during the specified contract performance period. Specialized vehicles or walk-ins may be necessary in these instances. It is the Contractor's responsibility to reach the work site in order to complete the work in a timely manner. The Contracting Officer will determine the access routes which may be used.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.3 Maps

Maps showing the general vicinity and/or specific work areas are included. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time

Start: September 1, 2016

Time: 43 calendar days total

(See also Section F).

C.5 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:

1. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. Work shall not be performed before 6:00 a.m. or after 6:00 p.m.

4. Work shall not be performed on Sundays or Federal Holidays.

5. The number of crews and the size of each crew may be limited by the Contracting Office. Unless otherwise agreed, the contractor is expected to provide at least 2 crews, each consisting of a foreman plus 10 to 12 workers.

6. Once contract work has begun, replacement of crews will be subject to approval of the Contracting Officer.

7. Specific stands or portions thereof may have a limited operating period (LOP) during which work may not be performed. See Supplemental Specifications for more details. These restrictions may be lifted by the Contracting Officer based on field review at the time of treatment.

C.6 Licenses and Insurance

The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract requires the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Other: NONE

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land. C.8 Technical Requirements C.8-1 Definitions

C.8-2 Specifications

Prescription for All Stands:

Item 1 – Brushcutting: All woody brush species shall be cut, excepting those listed as protected below. All conifers shall be protected as crop trees.

Item 2 – Pre-commercial Thinning (PCT): Thin conifers to 135 crop trees per acre (approximately 18 foot spacing), with as uniform of spacing as the existing stocking and desired species mix allows. Retain well-formed trees with single leader, straight bole, increasing internodal length, full crowns, long needles, local dominance, dark green foliage, absence of diseases or insect problems, and no physical damage.

Work Methods and Standards:

1. The contract crew(s) shall work through each stand in an organized fashion, and complete all required work in each stand before beginning work in another stand.

2. The entire area within the boundaries shall be treated except protected areas specifically designated to be left untreated.

3. All trees that need to be removed in order to meet spacing and stocking specifications within designated stands shall be treated.

4. Land survey corner monuments, bearing trees, and witness markers shall be protected from damage. Corners have been posted with signs and/or flagged with red ribbon.

5. Damage to roads, culverts, fences, land survey monuments or other improvements, caused by this operation, shall be restored to their condition prior to damage, at the Contractor's expense.

6. All standing oaks will be left standing and undamaged.

Selection of Crop Trees:

Conifer Trees: Only non-crop conifer trees shall be cut to provide the desired stocking. Spacing may vary up to 40%, as long as the average number of trees per acre does not vary more than 10% from the required final stocking. Cut trees shall be selected by the contractor in order to meet stocking and species mix requirements. In choosing crop trees, the following classes shall be considered: (see chart below)

Hardwood Trees: No hardwoods 4" DBH or larger will be cut.

Standing Dead Trees: No dead trees will be cut.

Merchantable Timber: No trees shall be cut that exceed 10" DBH and meet minimum merchantable timber specifications (i.e. would produce at least a 10' straight log with a 6" diameter inside bark at the small end).

Crop Tree Species Mix: Ponderosa Pine and/or Jeffrey Pine are the predominant species in these plantations, but a mixed conifer stand is desired. Therefore, the other species selection will be based on the criteria listed above, except dominance, if the height is at least 1/2 that of the dominant pine. Other species selection, in descending order of priority, will generally be Sugar Pine, Douglas Fir, Giant Sequoia, Red Fir, Incense Cedar, White Fir. All Lodgepole Pines will be cut unless no other conifers exist to provide stocking to meet spacing requirements. The Government reserves the right to alter species selection priority as needed in individual stands.

Stump Treatment (trees & brush): All stumps shall be less than 6" inches high on the uphill side. All treated vegetation shall be severed from the stump or uprooted. No live limbs shall be left on the stump.

Slash Treatment (trees & brush):

(a) All cut trees shall be bucked at least in half, and to a maximum of 10 feet in length, and limbed to meet the slash height requirement.

(b) Slash shall not exceed 18" from ground level. All slash shall be removed from within 5 feet of the bole of the crop trees.

(c) All slash shall be removed from creek drainages and roads, including associated cut banks and drainage ditches.

Contractor Damaged Trees: The contractor shall perform work in such a manner that unacceptable damage is not incurred to crop trees. See Definition of Terms for the classifications of damage. Damaged crop trees may be subject to Liquidated Damages as described in Section G.

Protected species:

Black Oak (Quercus kelloggii)

Western Dogwood (Cornus nuttallii)

Willow (Salix spp.)

Elderberry (Sambucus nigra)

C.8-3 Contractor-Furnished Equipment

The Contractor shall provide all tools and safety equipment necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.8-4 Government-Furnished Property None.

C.8-5 Public Safety

The Contractor shall be required to carry out all operations in a manner which ensures the safety of the Public.

C.8-6 Salvage Rights

There are no salvage rights under the administration of this contract C.8-7 Road Maintenance

The Contractor may be required to repair roads which are damaged by the Contractor’s operations.

C.9 Supplemental Specifications

C.9.1 Supplemental Specifications Data Table

SECTION E--INSPECTION AND ACCEPTANCE

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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.1 Sampling

Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

1/50 acre E.2 Specific Inspection Procedures

The Government may inspect the Contractor’s operation at any time to determine compliance with specifications. Payment will be made on the basis of a formal inspection employing a systematic survey to determine a work quality percentage (See also Section G, Payment). The survey will be performed after the Contracting Officer receives a written request from the Contractor. This survey will not be made until all work (including slash treatment) has been completed on at least 25% of the contract, or at the end of a 30 day period. Survey will not be made on partially completed stands. Work determined not to be in compliance shall be re-done by the Contractor at no additional cost to the Government.

Method of Survey: The survey will be performed with a random grid distribution of sample plots. Each stand will be inspected separately and results of one stand will not be averaged with those of other stands, excepting that stands having less than 30 plots will be combined in the order worked, until a minimum of 30 plots is reached.

Determination of Acceptability: Each plot will be evaluated on a pass/fail basis for compliance with C.8, Technical Specifications, including:

a. Spacing, stocking, and crop tree selection criteria are met.

b. Brushcut treatment specifications are met.

c. Stump and slash treatment specifications are met.

d. Contractor created tree damage is within acceptable limits.

Plots will be averaged to calculate a work quality percentage for each stand.

Intensity of Survey: Minimum of one percent of the total area will be inspected in plots. A complete survey of the area for which payment is requested will be made on the first inspection. On subsequent inspections, the survey may be discontinued in any stand in which data shows that Specifications will not be met.

Maximum Number of Inspections: Failure of any area to comply with Specifications after three inspections of the same stand may be considered cause for terminating the Contractor's right to proceed with the work.

E.3 Acceptance

Work on this contract will be deemed acceptable when the Contracting Officer determines that the Technical Specifications and all other terms and conditions of the contract have been met. Work determined to be unsatisfactory shall be re-done by the Contractor at no additional cost to the Government.

E.4 Government Inspections

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection. The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

SECTION F--DELIVERIES OR PERFORMANCE

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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing

The Contractor shall begin work within 3 calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.

Contract Time (Calendar Days)

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

Measurement

Methods of Measurement.

Acreage was measured on a horizontal plane using a Global Positioning System.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment

Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

Liquidated damages will be charged as follows:

Damaged leave trees will be charged at a rate of $6.67 per tree, when evidence of unacceptable levels of damage are found on more than 5% of the leave trees. The number of leave trees to be charged will be calculated as follows:

Tree damage is calculated by dividing the total number of damaged trees by the total trees in sampled plots. A penalty is assessed for damage in excess of 5%. The total damage percent is first multiplied by the total trees per acre, then by total acres per payment unit, and finally by $6.67 per tree. Trees per acre are determined by averaging the number of trees per sample plot multiplied by the reciprocal of the plot size.

EXAMPLE: 10 damaged trees, 150 trees inspected, 200 trees per acre and a 30 acre payment unit.

10 divided by 150 = 6.67% (percent damage)

6.67% - 5% = 1.67% (excess damage)

1.67% x 200 x 30 x $6.67 = $668.33

Therefore, $668.33 damages would be withheld from payment.

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Invoices All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the POC’s email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account.

The one-time enrollment in IPP means a series of emails will be sent to the point of contact (POC) established in your SAM account. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

GOVERNMENT-FURNISHED PROPERTY

NONE

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Loss, Damage or Destruction

Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Superintendence by Contractor

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in both the English language and the language of the crew(s).

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Crew Superintendent(s) /Foreman(s)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Wages

See Section J, Wage Determination

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

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

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

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

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

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

Emergencies

Fire Plan (See Section J) Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

Silviculture Projects - 70 meters around the perimeter of the unit being worked in

Archaeological and Historic Sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

Spill Plan

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

Equipment Cleaning

All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (Oct 2015) Employment of Eligible Workers

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving 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.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, 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.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). 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 perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications

The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor’s responsibility to ensure the Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes: • Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet.

(Contracting Officer – only include those applicable to your project.)

• MSPA – Forestry Working Conditions Checklist

• Manual Logging activities: https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

• General Machine and Vehicles Logging activities: https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

• Manual Tree Planting

• Spraying

• Firefighting

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation

a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, driver’s licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing

a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142.