SF1449SynopSolicitationComplete.docx

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

DATE

R3-05-11-025

DATE

08/20/2011

INFORMATION CALL:

08/29/2011 4:30 PM

FOB DESTINATION

Contracting, Room 5F 300 W. Congress

Tucson, Arizona 85701

|_| HUBZONE SMALL

ORDER UNDER DPAS (15 CFR 700)

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO (See page 2 for delivery addresses) CODE

16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Coronado National Forest - AQM 300 W Congress Tucson AZ 85701

Tax ID Number: DUNS:

TELEPHONE N0. FAX:

|_| SEE ADDENDUM

INVASIVE PLANT SURVEYS

R3-05-11-025

CORONADO NATIONAL FOREST

SEE PAGE 2 FOR SCHEDULE OF SUPPLIES

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: all items

LINE ITEM

DESCRIPTION

ESTIMATED AREA

UNIT

UNIT PRICE

BASE YEAR (Award Date to December 2011)

Invasive plant survey, including all labor costs, equipment, supplies, permits, licenses, certifications, supervision, transportation, and incidentals to perform all work necessary under the terms of this contract

Surveys for areas, for which the units are acres

Surveys for linear features, for which the units are miles Roads, including ~50 feet on either side of the road Trails, including ~50 feet on either side of the trail Hand lines, including ~50 feet on either side of the line Dozer lines, including ~50 feet on either side of the line

If funding becomes available, additional areas may be surveyed.

Acres

Miles

OPTION YEAR 1 (January – December 2012)

Invasive plant survey, including all labor costs, equipment, supplies, permits, licenses, certifications, supervision, transportation, and incidentals to perform all work necessary under the terms of this contract

Surveys for areas, for which the units are acres

Surveys for linear features, for which the units are miles Roads, including ~50 feet on either side of the road Trails, including ~50 feet on either side of the trail Hand lines, including ~50 feet on either side of the line

If funding becomes available, additional areas may be surveyed.

OPTION YEAR 2 (January – December 2013)

Invasive plant survey, including all labor costs, equipment, supplies, permits, licenses, certifications, supervision, transportation, and incidentals to perform all work necessary under the terms of this contract

Surveys for areas, for which the units are acres

Surveys for linear features, for which the units are miles Roads, including ~50 feet on either side of the road Trails, including ~50 feet on either side of the trail Hand lines, including ~50 feet on either side of the line

To be determined depending on need and funding

OPTION YEAR 3 (January – December 2013)

Invasive plant survey, including all labor costs, equipment, supplies, permits, licenses, certifications, supervision, transportation, and incidentals to perform all work necessary under the terms of this contract

Surveys for areas, for which the units are acres

Surveys for linear features, for which the units are miles Roads, including ~50 feet on either side of the road Trails, including ~50 feet on either side of the trail Hand lines, including ~50 feet on either side of the line

OPTION YEAR 4 (January – December 2013)

Invasive plant survey, including all labor costs, equipment, supplies, permits, licenses, certifications, supervision, transportation, and incidentals to perform all work necessary under the terms of this contract

Surveys for areas, for which the units are acres

Surveys for linear features, for which the units are miles Roads, including ~50 feet on either side of the road Trails, including ~50 feet on either side of the trail Hand lines, including ~50 feet on either side of the line

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

CORRECTFOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

SECTION C: THE PERFORMANCE WORK STATEMENT (PWS)

C. 1. INTRODUCTION

C.1.1. Background

The Forest Service is in need of invasive plant surveys for various populations of designated invasive plant species. The purpose of this contract is to secure such services in an effective and efficient manner that conforms to legal and safety requirements and meets Forest Service standards.

C.1.2. Scope of Contract

The solicitation is for invasive plant surveys on the Coronado National Forest. For the purposes of this contract, survey is a broad term including inventory and/or monitoring (see definitions in C.2)

The Contractor shall furnish all necessary labor, equipment, supplies, permits, licenses, certifications, supervision, transportation, and incidentals to perform all work necessary under the terms of this contract.

All aspects of the work program shall be performed in an organized, systematic manner to assure services shall be effectively performed over entire designated project areas.

C.1.2.1. This contract is a Performance-based, Indefinite Delivery, Indefinite Quantity (IDIQ) Requirements Contract with a Base and Four (4) one (1) year options.

C.1.3. Location and Description

Bid Item 1: Base Year only:

Task Order 1 for the Base Year (September 1 - December 31, 2011) to be performed under this contract is for summer/fall, 2011, post-fire invasive plant surveys on the Horseshoe 2 Fire in the Chiricahua Mountains on the Douglas Ranger District (map will be attached). The invasive plant surveys will include approximately 58 miles of dozer line, 40 miles of hand line, 5 miles of trails (trail heads and the first ~100 feet of trail), 154 miles of roads, and 4 spike camps (~5-10 acreas each). The purpose of this survey is to detect invasive plants that germinate with summer rains.

Bid Item 2: Option Year One (January 1 – December 31, 2012)

Task Order 1 for Option Year One (January 1 – May 31, 2012) to be performed under this contract is for winter/spring, 2012, post-fire invasive plant surveys on the Horseshoe 2 Fire in the Chiricahua Mountains on the Douglas Ranger District (map will be attached). The invasive plant surveys will include approximately 58 miles of dozer line, 40 miles of hand line, 5 miles of trails (trail heads and the first ~100 feet of trail), 154 miles of roads and 4 spike camps (~5-10 acres each). The purpose of this survey is to detect invasive plants that germinate with winter rains.

Bid Item 3: Option Year Two Not Yet Known, within the Coronado National Forest Boundary. Will be issued in Task Orders.

Bid Item 4: Option Year Three Not Yet Known, within the Coronado National Forest Boundary. Will be issued in Task Orders.

Bid Item 5: Option Year Four Not Yet Known, within the Coronado National Forest Boundary. Will be issued in Task Orders.

C.1.3.1. Specific locations, maps, and descriptions for project areas will be provided.

C.1.3.2. The number of acres or miles to be surveyed during each option year will depend on need and funding.

C.1.3.3. Performance time for the base year will be September 1 through December of 2011. For each option year, performance time may be year-long, depending on the project area and the target species.

C.1.3.3.1 AGAR 452.211-74 Period of Performance [Of the Contract]

The period of performance of this contract is from the date of award through the last option period. Task Orders for the period of performance may extend past the expiration of this contract with all the terms and conditions of this contract remaining in full force until the Task Order expires. Contract Time will be determined each year based on the Task Orders.

EXAMPLE:

C.1.3.2 Work completed after the performance period:

Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage include but are not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

C.1.4 List and Description of Units:

This is an approximation only for the base year. Prior to the start of an option year an approximation like this will be given:

Task Order 1 for the Base Year (September 1 - December 31, 2011) to be performed under this contract is for summer/fall, 2011, post-fire invasive plant surveys on the Horseshoe 2 Fire in the Chiricahua Mountains on the Douglas Ranger District (map will be attached). The invasive plant surveys will include approximately 58 miles of dozer line, 40 miles of hand line, 5 miles of trails (trail heads and the first ~100 feet of trail), 154 miles of roads, and 4 spike camps (~5-10 acres each).

C. 2. Definitions:

ADA: Arizona Department of Agriculture

Contract Time. See Period of Performance

Contracting Officer’s Representative (COR). The COR is the on-site contract administrator for the Contracting Officer (CO). The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

Delivery point. A point identified for delivery of chemicals and other supplies to be arranged based on job site location

Invasive species: A species that interferes with the management objectives for a particular site, and has a negative impact on the environment or the economy (R.D. Lee, NMSU, 1999); species that spread into an ecosystem and displace native species or alter biological communities or ecosystem processes (AZ Wildlands Invasive Plant Working Group, 2005); a species that is nonnative to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm (Executive Order 13112)

Inventory: An assessment of existing conditions of resources or physical features at one point in time

Monitoring: Evaluation process conducted to determine conditions of resources or responses over time, usually to a management action

Non-motorized equipment: Equipment powered by means other than a motor

Noxious weed: A legal term applied to plants regulated by Federal and State laws, such as plants designated as noxious weeds by the Secretary of Agriculture or by the responsible State official. (Forest Service Manual 2080.5, Federal Noxious Weed Act of 1974, PL 93-629, as amended)

Period of Performance: All calendar days allowed for completion of contract work; includes all days of the week including weekends and holidays

Quality Assurance. Actions taken by the Government to assess the Contractor’s results to determine that they meet contract requirements. Procedures as outlined in the following will be adhered to: FSH 2109.14 (Pesticide-Use Management and Coordination Handbook, CHAPTER 50 (Quality Control Monitoring and Post-Treatment Evaluation)

Quality Control. Actions taken by a Contractor to control the production of outputs to ensure that they conform to contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Riparian areas: Areas within a water-influenced zone, characterized by different vegetation than dry sites

Survey: for the purposes of this contract, survey is a broad term including inventory and/or monitoring

Wilderness Areas: Congressionally designated lands with special management requirements

C. 3. Government Furnished Property and Services:

The property and services that will be provided by the Government are as follows:

3.1 Environmental Assessment for the

Invasive Exotic Plant Management Program on the Coronado National Forest

C. 4. Contractor Work Requirements and Standards:

C.4.1.1. Orders and delivery:

All work under this contract will be awarded under separate Task Orders.

C.4.1.2. The Contractor shall provide commercial services for invasive plant surveys for the required areas.

C.4.1.3. The Contractor shall provide all personnel, equipment and supplies required to complete designated invasive plant surveys.

Contractors will keep a daily log containing the date, personnel, hours worked, and all the information included in the standards. The Contractor will provide the log to the Contracting Officer daily or on an agreed upon schedule.

The Contractor must provide a quality control plan that outlines inspection procedures. The contractor must provide documentation and notify the COR after completing a project area and inspection on a site before continuing to the next site. These procedures will be required in order to proceed with the next project area.

The Contractor will have adequate and appropriate equipment to safely complete the project. This includes adequate personal protective gear and first aid equipment to provide for the safety of employees. All equipment used by the contractor will be in good working order. If at any time, unsafe conditions are discovered by the COR, activities related to the problem will cease until the unsafe conditions no longer exist.

C.4.2. Quality Control:

The Contractor shall prepare a Quality Control Plan as described in Section E. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

C.4.3. Work Plan and Schedule:

The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in Section F. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedule shall be provided after issuance of a Task Order, but prior to work.

The Contractor shall update the work plan as work is in progress to account for changes, and the updated work plan must be accepted by the Contracting Officer.

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as the work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

C.4.4. Superintendence by the Contractor:

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

C.4.5. Key Personnel:

C.4.5.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal. That list may include the following:

CONTRACTOR’S REPRESENTATIVE

FOREMAN/WOMAN

INSPECTOR

C.4.5.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced:

C.4.5.3. The Contractor shall make no diversion of key personnel without the written consent of the Contracting Officer:

C.4.5.4. The contract will be modified to reflect any approved changes of key personnel:

C.4.6. Communications:

The Contractor shall keep the Contracting Officer advised as to where the Contractor can be reached prior to start of Contract Time. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension to reduce any delay in resuming treatment and to determine the best suitable time and conditions to resume treatment.

C.4.7. On-site Representative:

The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

C.4.8. Crew Safety:

Some areas within and surrounding the Coronado National Forest are high-traffic areas for illegal immigrant and drug smuggling activities. Illegal immigrants may be encountered anywhere in the project area. Contractors should notify someone of their destination and when they expect to return. NEVER try to engage or approach someone you believe to be an illegal. Get out of the area as quickly as possible and notify U.S. Border Patrol or other law enforcement officials. Precautions should be taken to prevent theft of personal and project property. The Department of Homeland Security, Border Patrol maintains an active presence in the area, and the contractor should keep the Border Patrol informed of their work schedule and location. In addition, the Forest Service, through its Tucson Dispatch Center, can be contacted for emergencies or to report activities of concern to the contractor.

The Contractor shall consider and address crew safety and provide a Safety Plan consistent with FAR 52.236.13 Accident Prevention Alt. I.

C.4.8.1. Safety Plan [when required by FAR 52.236-13 Accident Prevention Alt I]:

When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers to be hazardous. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will take to increase safety on the worksite.

C.4.9. Unsuitable conditions:

Whenever it is determined that environmental or physical conditions become unsuitable for successful execution of project work, the Contractor shall move to another area identified by the Contractor and agreed to by the Contracting Officer, or take other mitigating actions to improve the situation agreed to by the Contracting Officer. When there is no acceptable mitigating practice and no other area is available, the Contracting Officer shall suspend work and stop the contract time. When conditions are again suitable, the Contracting Officer will issue an oral Resume Work Order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor fails to keep in contact with the COR consistent with Section C.4.10, a written Resume Work Order will be mailed and the count of days of contract time will resume on the date specified in that order.

C. 5. Standards:

Evaluation Criteria. Evaluation criteria used to award this contract include:

1. Experience and qualifications of key personnel

2. The quality and completeness of the technical proposal

3. Recommendations from contacted references

4. The price per unit for accomplishing the work C.5.1. Mandatory Standards:

The Contractor must have the ability to accurately:

· Identify designated invasive plants at all stages of development

· Map survey areas using GPS coordinates in UTM NAD 83 adequate to create a mapped polygon (shape file) within 90% accuracy of the actual survey areas

· Map all occurrences of invasive species found in survey areas as polygons or points, depending on the size of the infestation, using GPS coordinates in UTM NAD 83

· Determine resource parameters, including invasive plant infestation patch size and density

· Collect, properly press and document at least 3 samples of invasive plant species found in each survey area; pressed samples should include plants in all developmental stages if available

C. 6. Performance Requirements Summary:

The following describes the major items in the contract with the incentives and deductions for the work described. For the Work Statement and Performance Standards listed below:

1. Government Method of Assessment: The COR and/or Inspector will monitor operations and conduct random samples. The COR will review Contractor inspection sheets daily or on an agreed upon schedule with the Contractor.

2. Incentives and Deductions for Meeting the Performance Standards: The Contractor’s performance in the following areas will affect the performance evaluation as either a positive or negative incentive. If the Contractor meets the standard, there will be no deduction.

Mandatory Standards. If the Contractor does not meet the standards and/or take corrective action, the Government may assess liquidated or actual damages (Section G), and provide an adverse performance evaluation.

Quality Control. If the Contractor fails to meet standards, work may be suspended or the Contractor put in default for failure to take corrective action immediately and result in an adverse performance evaluation. Deduction (Section G) and/or additional costs to the Government will be assessed.

Maintain the Work Plan and Schedule. Work not completed on schedule is subject to default and may result in the assessment of actual costs.

Mandatory Standards C.5.1.

The Contractor will abide by all Mandatory Standards listed above, and by the specific following standards:

· No mechanized or motorized equipment will be used in designated wilderness areas except on officially recognized State, County or Forest roads.

Quality Control C4.2.

· The Contractor maintains good quality control on all aspects of the operation.

· Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

· Inspections are completed to meet time frames in the Work Plan and Schedule.

· The percent of target plants within inspected areas that are detected, upon inspection by the COR, will be rated:

· 95+% Excellent

· 90-95% Acceptable

· <90% Not Acceptable

· The percent of target plants within inspected areas that are accurately identified, upon inspection by the COR, will be rated:

· 100% Excellent

· 95-100% Acceptable

· <95% Not Acceptable

Work Plan and Schedule C.4.3.

Work conforms to the schedule as per the accepted Work Plan.

Work on all projects will cease when:

· Emergency closures such as Fire Restrictions are in place.

· The Contractor is in non-compliance with any of the Mandatory Standards.

Invasive Plant Prevention Guidelines

To prevent the spread of noxious and invasive plants onto the Coronado National Forest, the Contractor shall insure that all vehicles and equipment moved onto the Forest under this contract are free of soil, seeds, vegetative matter or other debris that could contain or hold seeds. For the purpose of this provision, vehicles and equipment shall be considered free of soil, seeds, and such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required. For the purpose of this provision, vehicles and equipment include all tractors, feller-bunchers, chippers, skidders and shredding machines, as well as pickup trucks, trailers, UTVs, ATVs, vans, cars or other vehicles used for transport of personnel or equipment. The Contractor shall certify compliance with the terms of this clause in writing prior to each start-up of contract operations.

Equipment will also be cleaned prior to moving between units on this contract known to be infested with invasive plants and other units that are free of such plants. The Contractor shall employ whatever cleaning methods are necessary to ensure compliance with the terms of this clause. Upon request of the Contracting Officer, arrangements will be made for the Contracting Officer or the Contracting Officer Representative to inspect each piece of equipment prior to it being placed in service.

If the Contractor desires to clean equipment on Coronado National Forest land, such as at the end of a project prior to moving to a new project area, the Contractor and Contracting Officer Representative shall agree on the methods of cleaning, locations for the cleaning, and control of off-site impacts.

New infestations of noxious or invasive weeds in project areas on the Coronado National Forest, identified by either the Contractor or the Forest Service, shall be promptly reported to the other party.

SERVICE CONTRACT ACT WAGE DETERMINATION

WD 77-0211 (Rev.-38) was first posted on www.wdol.gov on 06/17/2011 Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER |

U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |

EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage | Wage Determination No: 1977-0211 Director Determinations | Revision No: 38 | Date Of Revision: 06/13/2011 State: Arizona Area: Arizona Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on service contracts for forestry, land management, the cleaning of public use area and timber inventory services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 12.94 08040 - Choker Setter 13.97 08070 - Faller/Bucker 16.55 08100 - Fire Lookout 12.94 08130 - Forestry Equipment Operator 16.98 08160 - Forestry/Logging Heavy Equipment Operator 19.42 08190 - Forestry Technician 19.42 08200 - Forestry Truck Driver 19.42 08250 - General Forestry Laborer 12.47 08280 - Nursery Specialist 17.94 08310 - Slash Piler/Burner 12.94 08340 - Tree Climber 14.47 08370 - Tree Planter 10.57 08400 - Tree Planter, Mechanical 10.57

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.59 per hour or $143.60 per week or $622.27 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

FIRE PLAN

The contractor shall be responsible for the cost of suppressing all fires caused by his operation, and for all damage to any property of the USDA Forest Service or third parties. The USDA Forest Service reserves the right to participate in extinguishing any fires caused by the contractor's operations and the contractor shall reimburse the USDA Forest Service for the cost of all suppression activities ordered or directed by the USDA Forest Service. The following requirements are a part of this solicitation and any resultant contract.

A. Fire Prevention

During periods of contract performance, fire requirements shall be met by the contractor.

B. Execution of Fire Plan

1. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer's Representative (COR), except in cases of emergency or Forest closure.

2. The contractor shall designate a fire plan representative who shall be responsible for executing and carrying out the fire requirements.

3. The contractor shall include the fire requirements in all subcontracts.

4. The contractor shall assure that all contract employees are informed of the existence and conditions of the fire requirements.

C. Compliance Inspection

1. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

2 Should any deficiencies appear during the inspection, the contractor will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections approved by the COR.

3. The contractor's fire plan representative shall make daily inspections to insure that the terms of the fire requirements are met at all times.

D. Fire Presuppression Requirements

1. Fire Toolbox

a. During contract performance, the contractor shall furnish and maintain, at the contractor's expense, one fire Tool box at the campsite or some central location, as long as it is within 1/4 mile of the location where the contractor is currently performing work.

D. Fire Presuppression Requirements (continued)

b. The fire tool box is to be maintained with tools in good condition in the following quantities for each five people in the contractor's work force. The equipment is for the sole purpose of firefighting. Four shovels, two axes, one pulaski and five each 1-gallon canteens. Where needed, brushhooks and McLeod tools may be substituted for shovels or axes.

c. The fire tool box shall be replenished by the contractor after each incidence of fire use.

2. Work Hours

a. The contractor shall restrict operations in accordance with the following emergency fire precaution schedule unless the COR waives the requirement in writing.

b. Each day of operation when there is a predicted change in the fire precaution plan, the Forest Service will inform the contractor between 3:00 and 6:00 p.m. MST (4:00 and 7:00 p.m. MDT). Notification will be made of the alphabetical industrial fire precaution plan (Exhibit 1) to be followed the next day within the local operating area.

c. No later than 9:00 a.m. MST (10:00 a.m. MDT) the following day, the Forest Service will inform the contractor of any change in the fire precaution schedule.

3. Blasting

Use of caps and safety fuse detonators for blasting is not permitted during periods when fire precaution plan C or D is in effect. A fire guard shall be required in accordance with the enclosed emergency fire precaution schedule. This individual, when required, shall remain on duty for at least 1 hour after blasting is finished. Minimum equipment shall consist of a round-pointed, size 0 or larger shovel and a 3- to 5-gallon backpack pump filled with water. Blasting hours are restricted under fire precaution plan C, and blasting is prohibited under fire precaution plan D.

4. Welding

An area commensurate with the amount of welding to be accomplished shall be cleared before welding operations are started. Written permission must be obtained from the COR during fire precaution plan B, C and D. As a minimum, a 3- to 5-gallon backpack pump filled with water is to be available in addition to the vehicle fire extinguisher. The area in the immediate vicinity of the operation shall be wet down before and after operations. The area adjacent to the welding operations shall be thoroughly checked for fires for one hour after welding.

5. Fire Guard

The contractor shall designate at least one representative to train and supervise each work crew in fire prevention, detection, and suppression.

To prevent, detect, and suppress fires, the contractor shall provide a trained fire guard for projects involving internal combustion engines. The fire guard shall perform guard duties during operating hours. The fire guard may perform contract work in conjunction with fire guard duties.

Each fire guard shall report all fires and take suppression action on any fire that starts on the project area. Each fire guard shall be equipped with a vehicle and a fire tool cache consisting of a fire cache box, two size 0 shovels, two pulaskis, two McLeod tools, and two 4- to 5-gallon backpack pumps filled with water. All equipment and tools shall be maintained in serviceable condition.

E. Fire Suppression

1. The contractor shall take independent action on the suppression of all fires in the work area or vicinity. Vicinity is defined as a 1/4 mile extension from the operations area boundary.

2. All Forest fires shall be reported to the District Ranger's Office as soon as possible. Even though the fire has been suppressed by the contractor's crew, this report is required. The office and telephone number to which fires shall be reported will be furnished to the contractor prior to start of contract work.

F. Equipment Requirements

1. All gasoline and diesel equipment (except turbocharged) used on the project shall be equipped with spark arresters approved in the Spark Arrester Guide, USDA Forest Service, June 1983.

2. All internal combustion engines must be inspected before use on the job and periodically thereafter by the Forest Service. Equipment not passing inspection cannot be used until repairs are made.

3. Serviceable baffled mufflers with standard exhaust tailpipes are considered adequate on trucks, pickups, and sedans.

4. Equipment service areas and gas and oil storage areas shall be cleared of brush, litter, debris, and grass for a radius of at least 50 feet.

5. Each piece of motorized equipment not included in Item d below shall be equipped with a round-pointed shovel and fire extinguisher.

6. Fuel trucks, service trucks, and the work camp shall be equipped with a shovel, DB axe, and class ABC pressurized chemical fire extinguisher of not less than 15 pounds capacity by weight.

The shovels and fire extinguishers are in addition to those required for the tool box (4. a.). These shall be furnished and maintained at the contractor's expense.

7. All crawler tractors and rubber-tired equipment suitable for fire suppression work shall be prepared for nighttime use by mounting of brackets for portable, self-contained, battery-operated lights, provided by the F saws shall be kept in a safe, serviceable condition at all times. Each power saw shall be equipped with an approved spark arrester/muffler system meeting the SAE J-335b standard

a. The refueling of power saws shall be done on mineral soil and the saw shall be moved at least 10 feet from the point of refueling to another barren spot before being started.

8. Power saws shall be kept in a safe, serviceable condition at all times. Each power saw shall be equipped with an approved spark arrester/muffler system meeting the SAE J-335b standard.

b. Powersaws with warm or hot spark arresters/mufflers (running or not) shall not be placed or rested on sawdust piles, litter duff, stumps or spots that are easily ignited.

c. Each powersaw shall be accompanied by one round pointed shovel in good condition and a metal fuel-safety can. One chemical pressurized fire extinguisher, 8 ounces or larger, is to be kept with the powersaw operator at all times while working on the project. The shovel is to be kept with the fuel supply.

G. Smoking and Fires

1. Smoking

a. No smoking shall be allowed while traveling, except on surfaced highways. A surfaced highway is any road that is oiled, graveled or otherwise paved.

b. Smoking is not permitted while working. Smoking is only permitted on breaks in areas having a clearing of at least three feet in diameter to bare soil.

2. Fires

a. No warming, burning of debris, or cooking fires shall be permitted during periods of high or above fire danger except in designated places or by written permission.

H. Violations

1. Violations of the smoking regulations (36 CFR 261.52(a)(c)(d)) and fire requirement will result in criminal action against the violator. The contractor shall advise all employees of this regulation.

b. Violation or deficiencies of fire requirements shall result in immediate suspension of operations until the deficiency or violation is corrected. Repetitive violations will be grounds for default termination.

I. Historical Data

The following data on the Forest area involved is to be provided for the contractor's information. The data will be based on records for the past 10 years.

Total fire season: May 1 to September 30 Average number of days of Plan A: 119 Average number of days of Plan B: 15 Average number of days of Plan C: 6 Average number of days of Plan D: 14

EXHIBIT 1

EMERGENCY FIRE PRECAUTION SCHEDULE

Predicted Manning Class for the Industrial Fire Precaution Plan Fire Danger Rating Area

3B

4C

5D

Area closure proclaimed by the Forest Supervisor or Regional Forester

Fire Precaution Plan Description

A. Normal fire precautions. No fire guard required.

B. Designated areas for smoking, warming, and cooking fires require a written permit. Contractor shall provide fire guard unless relieved of this responsibility in writing by the COR.

C. Shutdown from 12:00 noon until 8:00 p.m. MST (1:00 - 9:00 p.m. MDT) of all machine treatment of slash, blasting, welding, metal cutting, and clearing. No smoking, warming, or cooking fires permitted at any time. Powersaws shall be shut down from 9:00 a.m. until 8:00 p.m. MST (10:00 a.m. to 9:00 p.m. MDT). Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing and/or other equipment maintenance may continue.

D. Shutdown all operations, except operations on mineral soil involving road excavation, watering, grading, gravel surfacing and rock crushing may continue with a special Forest Service permit.

Section 4

32.905 Payment documentation and process.

(a) General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(b) Content of invoices. (1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(ix) Electronic funds transfer (EFT) banking information.

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(c) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made. This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:

(1) Contract number or other authorization for supplies delivered or services performed.

(2) Description of supplies delivered or services performed.

(3) Quantities of supplies received and accepted or services performed, if applicable.

(4) Date supplies delivered or services performed.

(5) Date that the designated Government official--

(i) Accepted the supplies or services; or

(ii) Approved the progress payment request, if the request is being made under…