Attachment 1 - PCT PWS RP Reviewed_.docx

PERFORMANCE WORK STATEMENT

DESCRIPTION OF CONTRACT

This is a firm fixed price contract. The purpose and intent of this contract is to secure services for pre-commercial tree thinning of 1370 acres in young growth stands approximately 22 to 27 years of age. The work required by this contract consists of tree thinning, slash treatment, and related work in compliance with its terms, specifications, and provisions.

Logistics, access, weather, thickness of brush, steepness of slopes, presence of slash, and density of conifer regeneration are just some of the critical items that should be examined on the ground by the Contractor. The Contractor shall furnish all labor, equipment, housing, subsistence, supervision, transportation, operating supplies, and incidentals except those items listed as Government-furnished property. Due to the fairly steep and rugged terrain and limited access, methods for accomplishing this work are limited to chain saws and hand tools only.

OBJECTIVE

The objective of this treatment is to reduce stand density, improve forest health and better achieve the potential yield capability of these sites by removing undesirable trees and retaining dominant and codominant trees of the best quality.

C.01 PROJECT LOCATION AND DESCRIPTION

This project is located on the Tongass National Forest’s Ketchikan Misty Fjords Ranger District, on Revillagigedo Island, between approximately 15 to 20 miles north and east of the town of Ketchikan, Alaska.

C.01.1 GENERAL ACCESSABILITY

This project is situated on the Ketchikan road system, in the Shelter Cove vicinity. Most Items are accessible by roads open to vehicle traffic after winter weather (snow/ice) conditions dissipate, some with an additional short (less than a half-mile) walk-in or ATV access on roads that have been partially overgrown. A handful of Items will likely require a longer walk-in or ATV access on roads that have been partially overgrown. There may also be roads within some items that are overgrown. A reasonable amount of brushing will be allowed on these overgrown roads by the contractor in order to improve walk-in or ATV access. See the Detailed Item Information in Section J for specific details.

C.01.2 OVERALL PHYSICAL DESCRIPTION OF GROUND CONDITIONS

The surface of the ground may be extremely broken with some slopes becoming abruptly steep or having rock outcrops and bluffs of various sizes. Wind throw may occur along some sections of the boundary. Brush can be extremely thick in many areas, especially in areas with lower tree stocking. Old logging cable and debris may be present.

Tree heights, diameters, and densities vary as site productivity conditions change over the project areas and may also exhibit variable areas of muskeg and thick hemlock and spruce competition.

No statistically reliable stem count is available for the project areas.

C.01.3 ITEM(S) SITE ACCESSABILITY

The Government does not guarantee vehicle access or continued vehicle access to project areas by road. Roads indicated on the contract map may not be accessible by motorized vehicle. Road maintenance by the Government will not be provided for in this contract.

Impassable roads or roads not suited for safe travel fall under differing site conditions and are subject to the Waiver of Differing Site Conditions (Exhibit 8). The contractor shall report such road conditions in writing to the Contracting Officer in accordance with FAR 52.236- 2, prior to the redetermination period end date.

Contractor must attain and abide by the Forest Service Land Access Permit (Exhibit 11). A copy of the fully signed permit shall be provided to the Contracting Officer at the pre-work meeting for each project.

C.01.4 LOCAL SERVICES

Ketchikan is a full service community accessible via Alaska Airlines from Seattle, WA and the Alaska Marine Highway System from Bellingham, WA. There are also barge services available from Seattle, WA. Ketchikan is the administrative site for the Ketchikan Misty Fjords Ranger District and the Tongass National Forest Supervisor’s Office.

C.01.5 OCCUPATIONAL HEALTH AND SAFETY ACT (OSHA) and SAFETY PLAN Contractors are subject to all applicable State and Federal OSHA rules and regulations. Work sites are remote, and advance planning with regards to safety is crucial. Contractors must be prepared to discuss their safety plan and an emergency evacuation plan at the time of the pre- work meeting.

C.01.6 COMMUNICATIONS

All work sites are remote, and telephone service is usually unavailable on or anywhere near work sites. Having access to reliable communications is essential should an injury occur on the work site. Cell phone coverage in SE Alaska is not consistent. Contractors are encouraged to familiarize themselves with proper use of radios as well as emergency procedures.

At the time of the pre-work meeting, contractors must be prepared to discuss their communications plan which is part of the overall safety plan. Contractors shall provide a functional two-way communication system and be familiar with its use. The COR or her/his inspectors may require a contractor, or their workers, to display on site that they have functional, adequate communications. Inadequate communications will be cause for the issuance of a written cure notice or stop work order.

C.01.7 TRANSPORTATION

Logistics pose a special challenge on the Tongass National Forest. Gaining access into remote work areas requires planning and research into local conditions. Contractors are advised to learn about the transportation systems of Southeast Alaska. Of special concern are jobs that may require a contractor to use small boats to access a work area. Boating can be dangerous any time of year in Southeast Alaska, particularly in the fall, winter and early spring. Contractors are required to address all transportation methods that will be used in performance of this contract, including emergency procedures, and include them in the overall safety plan.

C.01.8 ENVIRONMENTAL FACTORS

Southeast Alaska has a cool and moist maritime climate. This maritime climate results in cool summers, moderate winters, considerable precipitation distributed throughout the year, and a high percentage of overcast days. Precipitation amounts vary widely throughout Southeast Alaska, and annual precipitation of over 100 inches is common. All field workers should be prepared for wet, cool conditions. These environmental factors must be addressed in the overall safety plan.

C.01.9 WILDLIFE SAFETY

The wildlife that may be encountered in the performance of this contract is diverse and can be considered potentially dangerous. Wildlife may include black bears, brown bears, moose, elk, deer, wolves, wolverine etc. Wildlife safety concerns must be addressed in the overall safety plan.

Black bears may range through the contract area. Bears are considered unpredictable and potentially dangerous in human/bear encounters. It is suggested that contractors carry a large caliber weapon as bear protection. Any bear shot in defense of life or property requires a written explanation and becomes property of the State of Alaska. The best protection is avoiding bear/human contacts. Campsites shall be kept clean and free of garbage. Failure to do so will result in the issuance of a cure notice or a stop work order. Waste disposal shall be in accordance with Federal EPA guidelines. Report any problems with bears to the Contracting Officer’s Representative(COR) as soon as possible. Especially important is the reporting of bears that appear to have become habituated to humans. Report habituated bears so that the Government can notify the public.

C.01.10 FIRST AID, CARDIO PULMONARY RESUSCITATION (CPR), and MEDICAL EVACUATION Minor injuries such as cuts and bruises are not uncommon while performing pre-commercial thinning work, and all field workers should be trained in basic first aid procedures. In addition, at least two members on each field crew should be trained in the administration of CPR in the event more serious injuries occur. The Contractor shall provide for adequate first aid and CPR training to meet these minimum requirements (commercial practices are acceptable). The Contractor is also required to establish a medical evacuation plan, and to provide instruction to each field crew on the procedures to be followed should a medical evacuation become necessary. Verification of all required training and instruction shall be documented in the Safety Training Plan (see Section entitled Worker Safety).

C.02 ITEM BOUNDARIES

The Government will mark the exterior boundaries of each unit with florescent pink and yellow flagging together, unless a distinct physical feature is available which would serve as boundary. Distinct physical features can be roads, well defined slope breaks, limit of old growth timbered edges (stump line), or stream courses. The Contractor is responsible for thinning within the measured boundary and should direct any questions regarding boundary location to the Contracting Officer’s Representative . Boundaries as shown on the contract maps or aerial photo overlays represent approximations of the actual unit boundaries.

C.02.1 LAND SURVEY CORNER MONUMENTS AND MARKERS

The Contractor is responsible for the preservation of all corner monuments, stakes, and permanent plot markers. Corner monuments and plot markers may be of various materials including iron re-bar, wood post, marked tree and PVC pipe. When damaged by the Contractor's operations, the cost of replacing them will be charged to the Contractor.

C.03 THINNING SPECIFICATIONS

Although the thinning specifications for the project areas may be generally similar to each other, each project area does have specifications that are unique due to differences in the stand ages, species composition, and the desired spacing, among other factors. When working on a specific project area, the Contractor should refer to the appropriate thinning specifications for that project area as shown below.

C.03.1 CUT AND LEAVE TREE LIMITS

The Contractor shall thin all eligible conifers to the following cut/leave tree limit specifications:

All trees qualifying for treatment within their own height of the road prism on a designated road (Section C.013, Definitions), shall not be girdled, but cut and felled according to specifications found in Section C.03.5, Felling. This is required to prevent slash from entering roads or road drainage structures, should the girdled trees break or blow over.

C.03.2 SPACING OF LEAVE TREES

The Contractor shall thin all eligible conifers greater than 2 feet in height to the following spacing specifications:

Spacing -25% Variance Minimum Spacing +25% Variance Maximum Spacing

crop trees 15’ between crop trees

Spacing

Maximum Spacing

Conifer tree spacing may be varied up to +/-25 percent on an individual tree basis, in order to select the most desirable leave trees. Leave trees shall be no closer and no farther apart than the minimum and maximum variance for any given spacing as listed in the above table. The intent of the 25% variance is to give the Contractor the greatest opportunity for selecting the most desirable leave trees. However, overall average spacing using the original spacing guides shall be maintained wherever possible.

When a group of two or more cedar trees (yellow or red) are encountered the tree spacing will change to 6 x 6 feet. This spacing will be only for cedar trees. The -25% Variance (minimum feet apart) does not apply to the cedar to cedar spacing. The +25% Variance (maximum feet apart) will apply to the cedar to cedar spacing but will be based off of the spacing for that Item as listed in the above table. What this means is the minimum spacing between two cedar trees can be 6 feet and the maximum spacing can be up to +25% of the spacing for that Item as listed in the table. The spacing and spacing variance between cedar trees and all other leave trees will be according to the Item as listed in the above table.

All spacing distance between trees shall be adjusted to horizontal distance and measured from the face of the tree boles at breast height (4.5 feet above ground level). Though most stands contain openings not occupied by trees, overly dense thickets shall not be left in one spot to offset the lack of trees in another.

C.03.3 TREES TO FAVOR FOR LEAVE TREES

Within the spacing requirements the Contractor shall select as leave trees, the largest, best formed, most vigorous tree, of the preferred species. It shall be dominant or co-dominant, free from mechanical or animal damage, and show no signs of disease or dwarf mistletoe. In the event the Contractor determines that no tree meets these specifications, he/she shall choose the one that comes closest to meeting the specifications in order to maintain the required spacing.

The Contractor shall not select double-trunked trees or trees that are growing on logs or stumps as leave trees, unless no other crop tree is available. Double-trunked trees may be selected, in the absence of a more desirable crop tree, if they are at least half or more the height of the alternate tree choices. If a double-trunked tree is selected, both stems shall be left.

The Contractor shall thin all eligible conifers greater than 2 feet in height based on the following species preference / priority ranking and no-cut specifications:

/ Priority Ranking* No- Cut / Ignore For Spacing**

*Species Preference / Priority Ranking: 1 is highest priority species; when two species appear in the same priority ranking, they shall be considered equal and one should not be favored over the other – the objective is to leave both species distributed proportionally throughout the stand.

**No-Cut / Ignore For Spacing: Except on closed roads to aid access, these species shall not be cut and will not count as crop trees.

Species Codes: SS = Sitka Spruce; WH = Western Hemlock; MH = Mountain Hemlock; YC = Alaska yellow cedar; RC = Western red cedar; SF = Pacific Silver Fir; LP = Lodgepole Pine; RA = Red Alder; BC = Black Cottonwood

C.03.4 STUMP HEIGHT – REMOVAL OF LIVE LIMBS

All trees to be cut shall be cut below the lowest live limb, except when prevented by natural obstacles. Natural obstacles are objects that could damage a saw blade if nicked, such as rock, cable or mineral soil. They do not include logs or stumps. Any live limbs left on stumps because of natural obstacles shall be trimmed to within 4 inches of the obstacle. Stump height shall not exceed 12 inches above ground level or 4 inches above natural obstacles.

Pruning branches of leave trees is allowed only when required to access and sever excess trees growing within the leave tree crown. Pruned branch stubs should not exceed 4 inches in length. Care should be taken not to damage the leave tree bole. Damaged leave tree boles or long- branch stubs in excess of 4 inches shall count as a damaged tree for inspection purposes.

C.03.5 FELLING

Cut trees shall be felled away from unit boundaries, roads including associated ditches and road banks, established game and recreation trails, ponds and streams. Any trees falling in such areas shall be removed and pulled back into the cutting area. Felled trees shall not be left leaning on, entangled in the branches of or covering any crop tree. Reasonable efforts must be made to ensure that all cut trees are completely felled. At no time will cutting be allowed outside designated unit boundaries without written authorization from the Contracting Officer.

C.03.6 GIRDLING

Use a chainsaw or other acceptable tool. Make two continuous and parallel cuts around the tree bole as shown in the Exhibit. Additionally, the Contractor may shave the bark between these parallel cuts.

C.03.7 BASIC THINNING SLASH TREATMENT

All slash treatment, including pull back or any required lopping and scattering shall be performed concurrently with thinning operations.

Thinning slash shall be pulled clear of roadways and associated ditches and road banks. This slash must be pulled back into the general cutting area on all roads (including closed roads) bordering or within the cutting unit. Thinning slash shall also be removed from streams within the units as shown on the sub-CLIN project contract map(s).

C.03.8 ROADS

Roads are considered and shall be treated as part of the treatment unit when found inside established boundaries. Where boundaries are un-flagged and fall along roads, the boundary of the treatment area shall be the centerline of the road surface. Felling of trees on and along all roads shall be performed in accordance with Section C.03.5 Felling and C.03.7 Basic Thinning Slash Treatment.

Some roads accessing or contained within units may be physically closed to vehicle traffic by water bars, removed culverts, alder re-growth or other physical barriers. To improve access, the Contractor may alter or remove physical barriers such as water bars and alder re-growth with prior written approval of the Contracting Officer. Submit requests directly to the COR, who will coordinate with the CO if necessary. Contractor altered physical barriers, with the exception of alder/conifer clearing, must be restored to their previous condition prior to final payment for the contract line item in which they occur.

Deciduous trees may be cut on the closed roads to aid access and are subject to the specifications found in Section C.03.5 Felling or C.03.7 Basic Thinning Slash Treatment.

C.03.9 STREAMS

Cut trees shall be felled away from all streams within the units. These streams are designated on unit maps. Any trees falling into streams shall be removed and pulled back into the cutting area.

The written request for inspection, submitted by the contractor, shall include a statement indicating that the streams have been inspected and meets contract requirements. The government will inspect streams to ensure felled trees are pulled back into the cutting area; payment will be withheld until this slash treatment is correctly completed.

C.03.10 LANDSLIDES

The contractor shall leave a 25-foot no-thin buffer around the head and sides of any landslides greater than 100 feet in length encountered within contract items.

C.03.11 NEST TREES

Trees to be cut, which have active songbird nests in them shall be girdled instead of severed. A tree with an active or inactive eagle, other raptor or heron nest shall not be girdled or cut. Notify the COR promptly should an eagle, other raptor or heron nest be found in or adjacent to a thinning unit as special provisions must be applied and a substantial buffer of uncut vegetation may be required.

C.03.12 BEAR DENS

Any bear dens encountered during thinning operations shall be reported to the COR and, if possible, a screen of trees, 10 feet minimum and 25 feet maximum in width shall be left to hide the den opening. Dens can sometimes be located by observing cedar and hemlock trees, which have been stripped of branches to a height of seven feet (branches are used for bedding). A den opening may be visible beneath a stump. The Contractor should consult with the COR if there are any questions.

C.03.13 BEAVER PONDS

The Contractor shall leave a 25-foot un-cut fringe around all beaver ponds.

C.04 RESOURCE PROTECTION

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources. If existing facilities, such as roads, fences, erosion dips, trails, barriers, and drainage facilities are damaged, they shall be replaced or repaired at no cost to the Government.

C.05 EMERGENCY CONTROL

(a) Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or workers, whether caused directly or indirectly as a result of contractor operations, the Contractor's cost relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages or costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or workers.

(b) Contractor's Responsibility for Controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use workers and equipment for emergency work. Payment will be made at not less than the current area rate established by the Forest Service. Workers and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

C.06 FIRE PREVENTION

The Contractor shall be required to comply with the fire regulations governing National Forest lands during the period when this contract is in effect. The following subsections outline minimum fire prevention requirements.

C.06.1 FIRE TOOLS

Contractor/Subcontractor shall furnish fire tools to equip all workers in this Contract at each separate work site. Tools shall be in serviceable condition and kept in one or more sealed, weather-tight fire toolboxes. Fire toolboxes shall be painted red, marked "Tools for Fire Only" with letters at least 3 inches high. A list of the contents shall be posted inside each fire toolbox so it is visible when opened. Sharpened edges of tools shall be protected from rusting in a manner acceptable to the Forest Service.

Fire toolboxes shall contain number and kinds of tools as follows:

Kind of Tool Number of people working in area

Backpack pumps shall be located inside or immediately adjacent to the toolbox in a safe, readily available area. The required fire tools shall be available for inspection at the pre-work meeting.

C.06.2 SPARK ARRESTERS AND MUFFLERS

Each internal combustion engine shall be equipped with a spark arrester qualified and rated under USDA-Forest Service, Standard 5100-1, unless it is:

1. Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

2. A multi-position engine, such as on chain saws, which is equipped with a screen arrester, as described in Forest Service Spark Arrester Guide. A spark arrester, which does not meet the requirements in this Guide, may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

3. A passenger-carrying vehicle or light truck intended primarily for use on roads and equipped with a factory designed muffler and exhaust system. Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed and consequently maintained in serviceable condition.

C.06.3 FIRE EXTINGUISHERS AND POWER SAWS

Contractor shall test or check each extinguisher for proper functioning prior to the beginning of Fire Precautionary Period.

Each gasoline power saw shall be provided with 1 chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. The extinguisher shall be maintained in good working order at all times and carried by the saw operator during the fire season. Any fueling of a power saw shall be done in an area which has first been cleared of material which will carry fire; such power saw shall be moved at least 10 feet from the place of fueling before starting.

During periods of critical fire danger, additional precautionary measures, such as a #0 competitive grade shovel, may be required when such saws are used.

C.06.4 BURNING OF REFUSE

During periods of critical fire danger, no camp refuse, or brush, slash, or debris such as that resulting from clearing around camps shall be burned without written approval of the Forest Service.

C.06.5 EMERGENCY FIRE PRECAUTIONS

Contractor shall restrict operations in accordance with the Emergency Fire Precautions Schedule.

It shall be the Contractors responsibility to monitor and obtain the predicted Fire Precautions Class from the appropriate Forest Service Office. If predictions made after 1800 local time are significantly different than originally estimated, Forest service will inform the Contractor when a change in restrictions or fire precautions are indicated.

C.06.6 EMERGENCY FIRE PRECAUTIONS SCHEDULE

Forest Service may change the fire danger values to other essentially equivalent values when the Fire Danger Rating Systems is revised. In this event a new Emergency Fire Precaution Schedule will be prepared. When sent to the Contractor it will supersede the schedule here.

During periods of high fire danger, the Forest Service may suspend operation until danger is passed. An adjustment in contract time may be made for this period.

M.A.C. I & M.A.C. II

Normal fire precautions only.

· Spark arresters installed.

· Communications available.

· Contact time is normal count

M.A.C. III

All prior fire precautions required.

· No warming or lunch fire permitted.

· Smoking materials permitted only in designated areas.

· A #0 shovel is to be located where re-fueling of power saws takes place.

· On the third consecutive day of M.A.C. III, the Forest Service may suspend felling, cutting operations from 1200 (12 p.m.) until 1800 (6 p.m.) (Hoot Owl).

· Contract time during shutdown period will be 50% time, 50% count.

· Other operations including use of power saws at loading or landing sites are permitted, during the shutdown times.

M.A.C. IV

All prior fire precautions required.

· Shutdown all power saws, from 1200 (12 p.m.) until 2000(8 p.m.) local time (Hoot Owl).

· Contract time during shutdown 50% time and 50% count.

· Use of power saws at this time may continue at landing/loading sites with Forest Service permission.

M.A.C. V Shutdown all operations.

· No Contract time will be charged under this Fire precaution Class.

C.07 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

1. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

2. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels.

3. If the contractor maintains storage facilities for oil and oil products on the project area, the contractor shall take appropriate preventive measures to insure, that any spill does not contaminate soils or enter any streams or other waters. Tarps and absorbent pads shall be utilized at fuel storage areas to capture minor spills in areas where transfer of oil products from container to container is commonplace.

4. If the total oil or oil products storage exceeds in aggregate 1,320 gallons in containers 55 gallons or greater, the Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such Plan shall meet applicable EPA requirements (40 CFR 112). No single oil or oil products storage area shall exceed 660 gallons, 12- 55-gallon drums. Oil or oil products storage areas shall not be within 100 feet of a stream or body of water.

5. The Contractor shall notify appropriate agencies, including Contracting Officer, of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of the contract area that are caused by the Contractor’s workers. The Contractor will take whatever initial action may be safely accomplished to contain all spills.

6. Any used motor oils, fuels, lubricants and absorbent pads shall be collected, removed from National Forest Lands and properly deposed of at an approved facility.

7. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

C.08 KEY PERSONNEL

Key personnel in key positions must be named by the contractor prior to award. The following positions are designated as key personnel:

· Crew Foreman – must be bi-lingual with English being one language and the other being the language spoken by the majority of the crew.

C.08.1 EMPLOYMENT OF ELIGIBLE WORKERS

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

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

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

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

C.08.2 LIST OF WORKERS

Verification must be complete, and a certified list of workers and subcontract workers must be submitted by the Contractor and approved by the Forest Service, prior to commencement of work.

C.09 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, pre-commercial thinning, and site preparation and wildland fire fighting.

(b) Definitions. "Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

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

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

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

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

(2) Wage and Payroll Standards

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

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

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

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

(3) Motor Vehicle Safety

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

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

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

(4) Housing

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

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

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

C.010 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

C.011 PERSONAL PROTECTIVE EQUIPMENT

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

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

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

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

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

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

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

C.012 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

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

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

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

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

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

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

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (Band-Aids) One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

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

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

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

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

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

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

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

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

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

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

Camping Requirements are as follows:

1. Structures used to house employees shall be commercially designed and constructed. Examples of commercially designed and constructed facilities include wall tents, travel trailers and motor homes. Additionally, the structures must:

a. Protect occupants from the elements.

b. Provide safe and adequate heating (wood, propane or oil). Employee billet heating is not required during the months of June, July and August. Any other time of year, employee sleeping facilities shall have an appropriate heat source.

c. Have raised floors.

d. Have raised bunks for each occupant.

e. Have a minimum sleeping area of 60 square feet of floor space per occupant.

f. Have a minimum of two exits.

g. Have smoke alarms and fire extinguishers.

h. Except in the case of a mobile home or trailer (which has been specifically constructed and designed for cooking, eating, living and sleeping activities), all food storage, preparation and eating shall occur in a separate structure.

2. Food must be stored in fly and rodent-proof containers. Perishable food shall be refrigerated. Perishable food can be stored in ice filled coolers and ice chests.

3. Food and garbage shall be stored in hard-sided vehicles or suitable bear proof containers. At no time will food or garbage be left exposed and unattended. Bear proof containers may be commercially purchased or locally fabricated. Locally fabricated bear proof containers shall be constructed in accordance with the following minimum standards:

a. Minimum of 5/8-inch plywood with 2” x 4” construction and screws instead of nails.

b. Heavy duty hinges and latches strong enough that they can’t be pried open by claws.

c. Metal flashing to cover seams so that claws can’t get into them.

d. Locally fabricated bear proof containers are subject to government inspection for suitability. Contractors will replace bear proof containers found unsuitable by the Government.

4. Adequate potable water shall be provided for drinking, cooking and washing. Acceptable sources of potable water are:

a. Transport water from approved public potable water source.

b. Surface water collected and treated in accordance with the following directions:

(1) Water Collection: Care should be taken in selecting a water collection point for the camp. Typically, microorganisms are concentrated in stagnant or slow moving water, such as lake shores or along stream banks. These areas should be avoided. It is also important to avoid any body of water that has an algae bloom or has a strong organic odor because these conditions are associated with higher concentrations of microorganisms. The best places to collect water are from a flowing portion of a stream or from lake as far away from the shoreline.

(2) Water Treatment by Filtration and Disinfection: Two of the most common pathogens encountered in Alaska are Giardia and Cryptosporidium. Both of these organisms are very resistant to chemical disinfectants, such as chlorine and iodine. Consequently, the most reliable method for removing Giardia and Cryptosporidium from drinking water is by filtration. During filtration, raw water is passed through a porous material that separates contaminants from the water. Filters are typically constructed of fabric, special media or ceramic. In order to achieve acceptable levels of removal of Giardia and Cryptosporidium, filters must meet the specifications of NSF Standard 53. If a filter meets this standard, it should be indicated on the label or in the manufacturer’s specifications.

(a) Disinfection is done after filtration to inactivate any microorganisms, such as bacteria and viruses, which are too small to be removed by filtration. Chlorine is the most widely used disinfectant for water treatment. Liquid chlorine is available for drinking water uses at a concentration of about 5.25% available chlorine. The table below shows the proper amount of liquid chlorine to use to disinfect small volumes of drinking water.

Dosage for 5.25% - 6% Liquid Chlorine

tsp.

tsp.

(b) Chlorine needs to be in contact with the water for at least two hours to kill Giardia cysts. It is advisable to have at least two containers to ensure that the potable water is meeting adequate contact times.

(3) Water treatment by boiling: Boiling is the simplest method of water treatment. Boiling water, at a rolling boil, for two minutes is adequate to kill bacteria, viruses, and protozoa.

c. Water Storage: After treatment, it is important that drinking water be stored in sanitary containers to prevent contamination. All containers should be properly washed and sanitized.

5. Covered toilet facilities with toilet paper shall be provided. Follow these steps to establish the camp toilet facility:

a. Decide where to locate the pit privy.

(1) Find a site where the groundwater table is deep enough to ensure a 4-foot minimum vertical separation between the bottom of the pit and the groundwater.

(2) Locate the pit privy in an area where the water will drain away from the pit. Make sure the pit is in an area that is not subject to flooding.

(3) The pit privy must meet the following minimum separation distances (setbacks).

Minimum Required Separation Distances feet Surface water, streams, wetlands, sloughs and…