Solicitation_12-046W-20-R-0004_2020_MechanicalPiling.pdf

Solicitation #: 12-046W-20-R-0004 Mt. Hood National Forest – Barlow Ranger District

2020 Grapple Piling – Barlow Ranger District

Equipment with Operator

PROJECT NAME: 2020 Piling – Barlow Ranger District

PROJECT LOCATION: Mt Hood N.F. – Barlow Ranger District

CONTRACTING CONTACT: Roxanne Anderson (503)668-1730, roxanne.d.anderson@usda.gov

TECHNICAL CONTACT: Whitney Olsker (541) 467-5155 whitney.olsker@usda.gov

ESTIMATED START WORK DATE: August 24, 2020

PERFORMANCE TIME: Complete all work by December 31, 2021

Offeror's Block

Schedule of Items

BASE ITEMS

Item No.

Description

Quantity

Unit

Unit Price

Total Amount

Grapple Pile 1.3 Excavator Cat 312 or equivalent

First Base2

Acres

First Base 6

Highland 1

Hit 3

Hit 2

Hitter 9

Hitter 5

Slide 21

Slide 22

Slide 13 17 Acres $ $

Slide 11 20 Acres $ $

Slide 7 8 Acres $ $

Slide 15 18 Acres $ $

Slide 17 24 Acres $ $

Sling 3 24 Acres $ $

Sling 3A 72 Acres $ $

Total 350 Acres $ $

Mobilization

Lump Sum mailto:roxanne.d.anderson@usda.gov mailto:whitney.olsker@usda.gov

Optional Item No.

Description

Quantity

Unit

Unit Price

Total Amount

Grapple Pile 1.3 Excavator Cat 312 or equivalent

Rocky 43 4 Acres $ $

Rocky 61 173 Acres $ $

Rocky 62 140 Acres $ $

Rocky 63 167 Acres $ $

Rocky 66 117 Acres $ $

Badger 44 223 Acres $ $

Badger 43 12 Acres $ $

Badger 431 4 Acres $ $

Badger 432 7 Acres $ $

Badger 45 4 Acres $ $

Badger 48 100 Acres $ $

Badger 47 40 Acres $ $

Badger 46 78 Acres $ $

Total 1069 Acres $

Optional Mobilization

Lump Sum

SECTION C --- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This portion of the solicitation requires reduction of fuel loading on approximately 350 acres by piling existing and created slash and live vegetative materials with a “lift and pile” mechanism rather than a “push and pile” mechanism. Work shall be performed on slopes up to 30 percent.

A. The objective is to eliminate vegetative competition and reduce the slash layer to a depth of 2 to 6 inches through grapple piling. Logs greater than 18 inches in diameter will be left in place.

B. The contractor shall furnish all equipment, fuel, maintenance, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the job.

C.2 EQUIPMENT REQUIREMENTS

A. When ground based equipment is used to complete project work, the following conditions shall be met:

1. Equipment shall be furnished on a fully operational basis and in good operating condition, with a competent, qualified operator. The Contractor shall provide operators that have sufficient skill and experience to perform properly and efficiently the work assigned to them. The Contractor, upon written request from the Contracting Officer (CO), shall immediately remove any operator, who in the opinion of the Contracting Officer does not perform his work in a proper and skillful manner.

2. Equipment can be rubber tired or track-mounted, capable of piling logging slash, and meet the following specifications:

(a) Capable of reaching 25 feet.

(b) Ground pressure not to exceed 10 pounds per square inch (psi).

(c) Climbing ability up to 30 percent slope.

(d) Pivot---operator cab, engine, and arm shall be able to swing 360 degrees while the track remains stationary.

(e) Piling Machine shall be equipped with a bucket and thumb or articulating brush grapple mechanism.

(f) Equipment shall be free of fluid leaks and have hoses and hydraulics in good operating condition.

(g) The cab/canopy shall be firmly secured to the machine and free of broken glass.

(h) Machine shall be capable of picking up woody debris from 1 inch by 3 feet to 18 inches by 20 feet.

3. Equipment Transportation

The Contractor shall provide transportation of machine-piling equipment to and between all project areas.

4. Equipment Cleaning

(a) Contractor shall not move any Off-Road Equipment, which last operated in an area that is infested with one or more invasive species of concern onto Project Area without having first taken reasonable measures to make each such piece of equipment free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor shall identify the location of the equipment's most recent operations. If the prior location of the Off-Road Equipment cannot be identified, Forest Service will assume that it is infested with seeds of invasive species of concern. In addition, prior to moving Off-Road Equipment from an area on this contract that is shown on Project Area Map to be infested with invasive species of concern to any other area that is indicated on Project Area Map as being free of invasive species of concern, Contractor shall again take reasonable measures to make each such piece of equipment free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds.

(b) Contractor must advise Forest Service of measures taken to clean Off-Road Equipment and arrange for Forest Service inspection prior to such equipment being placed in service or moved from areas infested with invasive species of concern to areas that are free of such invasive species. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect equipment after it has been made available for inspection. After Forest Service inspection

Contractor may proceed with operations. Reasonable measures shall not require the disassembly of equipment components or use of any specialized inspection tools. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material.

(c) “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

(d) If Contractor desires to clean Off-Road Equipment on National Forest land, such as at the end of a project or prior to moving to a new area that is free of invasive species of concern, Contractor and Forest Service shall agree on locations for the cleaning and control of off-site impacts, if any.

C.3 LOCATION AND DESCRIPTION

A. Project Location

The location of the worksites are shown on Vicinity and Project Maps contained in Section J of this contract. A full map of the Barlow Ranger District, with project units marked thereof, can be provided to the contractor at the prework conference upon request.

1. Accessibility

(a) The project areas may be reached by Forest roads. The Forest Service assumes no obligation to plow snow or perform special maintenance to keep roads open.

(b) Roads shown on unit maps indicate access to units and are not to suggest the roads are open within units or for any further travel.

2. Boundaries

(a) The exterior boundaries of the project work are usually defined by physical features, such as roads, streams, and tree lines. Other boundaries may be marked with red/black striped and orange flagging. Special areas that will need to be avoided may be include in the project boundary. These areas will be identified prior to operation.

C.4 SLASH PILING and MASTICATION

A. Definition

1. Slash is considered to be all vegetative material that meets the following size criteria: 1 inch to 18 inches diamerter on the large end. This may include, but not limited to, chunks, broken tops, limbs, branches, rotten wood, brush, damaged or destroyed reproduction, saplings, or poles that have been created or disturbed by any type of vegetative cutting or clearing.

2. Logs greater than 18 inches in diameter will be left in place. If this material must be moved for piling purposes, the logs must be returned to the approximate location.

3. Thinning - The cutting of trees in excess of those to be left for timber stand management.

4. Spacing - The horizontal distance from the center of one leave tree to the center of the next nearest leave tree.

5. Average Spacing - The average distance between all leave trees necessary to provide the desired number of leave trees per acre.

6. DBH (Diameter Breast Height) - Diameter of the trunk bole measured at a point 4 ½ feet above the ground level on the uphill side of the tree.

7. Leave Tree - Any conifer tree that is selected or required to be left standing as provided in the specifications.

8. Excess Tress - A tree which the contractor, contrary to the specifications, has left uncut; has not completely severed from the stump; or left with a stump exceeding the specified maximum height.

9. Damage (Defect) - Includes any defect or deformity of a tree resulting from such agents as wind, snow, animals, insects, disease, and equipment; and evidenced by the presence of dead or broken tops or trunks, crooks, gall rusts and deep scars. Examples of excessive damage and unhealthy conifers :

a. Trees with Crook, Sweep, or Snowbend (Damaged) - Crooks or bends in the main bole which are less than 13 feet from the ground and offset more than 3 inches from the longitudinal axis.

b. Forked or Defective Top (Damaged) - One or more forks in the live crown, or dead or broken-out top of the bole within 13 feet of the ground surface.

c. Diseased Trees (Unhealthy)

1. Mistletoe Infected - Small parasitic flowering plants, with mature shoots less than 6-8 inches long, that causes excessive growth and swelling to branches and stems.

2. Western White Pine Blister Rust - Disease of Western White Pine, characterized by some of all of the following symptoms: stem cankers, drab gray-green or yellow needles, poor foliage density, short needles, or an unthrifty appearance.

3. Bole Cankers - Trees with one or more visible bole infections (such as gall rusts), abnormal/dead areas or spots caused by certain species of fungi.

4. Root Rot - Areas that have two or more dead or dying trees, usually Douglas-fir killed and/or windthrown at the root collar, per 10-foot radius are suspected root rot pockets. Attempts should be made to retain other conifer species in these areas.

d. Deficient Trees - Those trees cut which should have been left to maintain average spacing requirements; or trees not selected according to the Technical Specifications requirements; or trees that are excessively damaged by the thinning operation, or cut trees that do not meet the specifications for removal of lower live limbs.

10. Hangup Tree - Any cut tree that leans against or is suspended by an uncut tree.

11. Fuel Break - An area within a thinned unit where thinning slash is removed or treated in order to reduce spread of fire to adjacent areas.

12. Leave Strip - An area within a thinned unit in which no cutting will be done.

13. Buffer Zone - An area within a thinning unit in which special cutting methods are required, in accordance with Technical Specifications and as shown on Project Maps.

14. Bucking - Cutting the main stem of cut trees into lengths as indicated in the Technical Specifications and project map(s).

15. Lopping and Scattering - Cutting limbs from trunks of cut trees and moving and rearranging slash concentrations to reduce the fuel bed height above ground level, according to technical specifications.

16. Piling - Gathering and stacking of thinning slash into piles constructed and located as indicated by technical specifications and project maps.

17. Pull Back - Pulling thinning slash by hand methods back in thinned unit and scattered into thinned unit, as indicated by technical specifications and project maps.

18. Tree Species – Ponderoas Pine (PP), Oregon white oak (OWO), Douglas-fir (DF), Grand fir (GF), Pacific Silver fir (PSF), Western Hemlock (WH), Mountain Hemlock (MH), Western White pine

(WWP), Lodgepole pine (LP), Western Larch (WL), and Western Redcedar (WRC).

19. Crop trees – Trees that were planted in the units.

B. Slash to be Piled

Slash, as described in Paragraph above, will be piled. The quantity to be piled will be determined by the specifications listed in Scope of Contract.

C. Location of Piles

1. Piles shall be located so that burning will not cause damage to snags or standing green trees, unless otherwise approved by the Forest Service. This will mean that all piles are at least 10 feet away from the bowl of any live or dead, and at least 50 feet away from any structure or utility box.

2. Slash piles shall not be located at the bottom of draws that carry water during periods of surface runoff.

D. Construction and Size of Piles

1. Graple piles shall be compact and not constructed on any stumps, logs, or rocks. No covering is required on graple piles. No large down woody material 18” or greater at small end diameter. Piling process shall in no way damage or kill existing leave trees.

2. Pile Locations: Piles will be located on the flattest surface available, away from stumps or large down logs. All piled material must be out from under the drip line of leave trees. Piles built on a slope shall run with the slope to prevent rolling. No piling within 25 feet of existing trails or within

100 feet of streams or ditches.

C.5 OTHER SPECIFICATIONS

A. No opperations from March 1 through July 15.

B. Water baring and/or other erosion control devices removed or altered for the convenience of the Contractor shall be rebuilt and inspected prior to the final closing of this contract

C. Berms and/or guard rails removed or altered for the convenience of the Contractor shall be rebuilt and inspected prior to the final closing of this contract.

D. Equipment Operating Restrictions

1. Equipment shall operate on logging debris where it exists when possiable. Should no slash exist, equipment may operate on other surface litter, duff, or approved skid trails as long as no additional soil is exposed by operations. The objective is to not add additional soil disturbance or compaction than already exsts in the area.

2. All refueling, maintenance, and repairs will be done at landings or on skid trails.

3. Project work may be done at any time during the term of the contract, except under the following conditions:

(a) Weather predictions indicate a hazardous fire condition warranting curtailment of operations, as specified elsewhere in this contract.

(b) When soil moisture conditions create excessive risk of damage to the soil.

E. Final Cleanup

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

C.6 PROTECTION OF OTHER RESOURCES

A. Equipment shall not be permitted to cross stream courses, seasonally wet areas, or other non-work areas except at places designated by the COR.

B. Equipment shall not be permitted within 100 feet of streams or creeks

C. Large woody debris materials 18 inches in diameter on the small end and over will be left undisturbed in its’ bed, if possible. Slash that is on top of rotten logs will be piled so as to cause as little disturbance to the log as possible.

D. The Contractor shall be held liable and will be responsible for any damages caused by his personnel and/or equipment to any existing structures or other improvements. Repairs to these structures and improvements shall be at the Contractor’s expense, at no additional cost to the Government, and shall be accomplished in a timely manner. Examples of structures and improvements are, but not limited to: guard rails, fences and gates, roads and spurs, firelines, waterbars and berms, posted monuments and corners.

E. Vehicles used for transporting equipment, personnel, and/or supplies will be restricted to established roads and landings.

F. Residual leave trees shall not be damaged during these operations. If a leave tree is unavoidably damaged, the Contractor shall notify the COR who will determine the disposition of the tree.

G. Site preparation activities within a unit shall not damage trees or other vegetation outside the perimeter of the unit.

H. If any cultural or archaeological sites are discovered by the Contractor and/or the Forest Service during operations of this contract, work will be suspended in the immediate vicinity of such site until the Forest

Archaeologist completes a reconnaissance survey.

C.7 SAFETY PLAN

Prior to the issuance of a Notice to Proceed, the contractor shall submit a safety plan for the activities involved that is consistent with state OSHA regulations.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

E.1-1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

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

E.2 INSPECTION AND GOVERNMENT VERIFICATION

A. Inspection Procedure

1. The Contractor or Contractors’ Representative shall make periodic inspections of the mastication that has been completed and record the results on inspection cards furnished by the government and shall take corrective action, if necessary. These cards shall be given to the Forest Service on request.

B. Government Verification

The COR or Inspector will inspect each unit to ensure that the following conditions are contractually met:

1. No damage to residual leave trees

2. No additional soil disturbance

3. Slash bed depth

4. Competing vegetation removed

C. Inspection Procedures

1. The inspections shall be made by a series of walk-through tours of the treatment areas to see if the required results are being met. The Contractor and/or Operator are welcome to join the COR or the Inspector on these visits. If the Contractor/Operator http://www.arnet.gov/far/ does not wish to join in the inspection procedure, he/she will be informed of the results of the inspection.

2. The COR or Inspector will inspect for compliance with specifications on project sites reported as completed by the Contractor. Inspector will verify that the slash bed has been reduced to levels specified in the contract (See SCOPE OF CONTRACT)

3. Units which exceed the maximum slash bed depth of 12 inches will require rework before the unit will be accepted as completed.

4. Nonconformance with any one of the contract specifications will classify the area as unsatisfactory and rework will be required to bring the area up to standard.

5. Equipment will be inspected at the time it is delivered to the work site. Equipment that does not meet the contract specifications and requirements, as described in C.2, shall be rejected. Equipment found to be out of compliance during the course of the contract will also be rejected.

6. If equipment is rejected or becomes inoperative, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within 4 calendar days.

7. All repairs made to equipment shall be made and paid for by the Contractor. Repairs shall be made promptly and equipment returned to use within the time specified (4 calendar days). In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified.

D. Reinspection Upon Contractor Request

If the original inspection results are unacceptable to the Contractor, a reinspection may be requested. Requests for inspection shall be made in writing within 5 days after receipt of initial inspection results. The same inspection procedure will be used.

Only one reinspection will be made by the Government.

1. If reinspection confirms that rework is required, the Contractor shall pay for the actual cost of reinspection.

2. If reinspection indicates that no rework is required, the Forest Service shall pay for the actual cost of reinspection.

SECTION F—DELIVERIES OR PERFORMANCE

F.1 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from the time of contract award through December, 31

2021.

F.2 PERIOD OF PERFORMANCE

A. Contract time will start on the effective date of the Notice to Proceed. Work shall begin no later than 150 calendar days after the effective date of the Notice to Proceed. The

Contractor shall maintain progress at a rate that will assure completion within the contract time indicated below.

Items No.

Estimated Beginning Date

Contract Time

(Calendar Days)

1 and 2 August 24, 2020 150

B. Shutdown

It is estimated that adverse weather or other conditions may prevent access to work sites or performance to specifications. When such conditions make work impracticable, and upon written request by the Contractor, the Contracting Officer may authorize a total shutdown with no charge against contract time until work can resume.

F.3 RATE OF PROGRESS

A. Work for each item shall be completed within the number of calendar days specified above, following the effective date of the Notice to Proceed. The Contractor shall maintain a daily average rate of progress equal to or greater than the rate established by dividing the total item quantity by the number of performance days allotted for that item.

Example: 1000 acres divided by 150 days = 7 Acres/Day Progress Rate

B. The Contractor will keep the Forest Service informed of the unit that is being presently treated.

C. Each unit started must be finished before moving to another unit to begin work.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 7 days after the date of contract award. The conference will be held at:

Mt. Hood National Forest Headquarters

16400 Champion Way

Sandy, OR 970255.

G.2 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Description Location Date

Available

NOT APPLICABLE

G.3 MEASUREMENT AND BASIS OF PAYMENT

A. Measurement

The acreages were measured on the horizontal plane within the established boundaries.

B. Remeasurement

3. The contractor may at any time after award request remeasurement of any treatment area. This request must be made in writing.

4. If remeasurement indicates a variance of 5 percent or less, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the acreage as stated in the Schedule of Items.

5. If remeasurement indicates a variance greater than 5 percent, payment will be based on the remeasured acreage and the Government will pay for the remeasurement.

C. Basis of Payment

Payment will be made on the basis of the number of acres satisfactorily completed based on adherence to the specifications as determined by the Inspection Procedures of this contract. On units where the entire area of a unit is to be piled, payment will be based on the acres in the unit as determined by the Forest Service traverse of the area.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The

COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

H.2 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the

Government.

H.3 THE FOLLOWING LABOR INTENSIVE CLAUSES ARE ONLY APPLICABLE

FOR CONTRACTORS NOT USING MACHINERY FOR SITE PREPARATION.

H.3-1 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a). The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

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

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

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

H.3-2 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING

MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act

(MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see

29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland firefighting.

(b) Definitions.

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

A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers.

"Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters. "Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the

Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm

Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee

Certificate.

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

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

(2) Wage and Payroll Standards

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

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

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

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

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles.

The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

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

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of

$100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for

$50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

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

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

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor

(USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies of penalties prescribed by law may apply.

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

H.3-3 FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER

PROTECTION ACT REGISTRATION (DEC 1999)

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

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

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

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the

MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

H.3-4 FSAR 4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEB 2007)

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

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must 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 must 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 must cover the full length of the thigh and must 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; chainsaw operation.

H.3-5 FSAR 4G52.222-705 CAMPING PROVISIONS FOR LABOR INTENSIVE

CONTRACTS (FEB 2007)

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

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

Every structure used as shelter must 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 must 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 must 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 must be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, must be provided and sufficient for the storage of perishable food items.

An adequate and convenient potable water supply must be provided in each camp for drinking and cooking purposes.

Toilet facilities adequate for the capacity of the camp must be provided and supplied with adequate toilet paper. Such facilities must be serviced and maintained in a sanitary condition.

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

1. Gauze pads (at least 4x4 inches),

2. Two large gauze pads (at least 8x10 inches),

3. Box adhesive bandages (band-aids),

4. One package of gauze roller bandage at least 2-inches wide,

5. Two triangular bandages,

6. Scissors,

7. At least one blanket,

8. Tweezers,

9. Adhesive tape,

10. Latex gloves, and

11. Resuscitation device such as resuscitation bag, airway, or pocket mask.

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

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

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material must 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.

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

All generators and other internal combustion engines must be equipped with 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 is described in the previous paragraph.

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.

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.204-7 System for Award Management (OCT 2018)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (MAY 2018)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEP 2016)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports Veterans (FEB 2016)

52.222-41 Service Contract Labor Standards (AUG 2018)

52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (MAY 2014)

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-16 Progress Payments (APR 2012)

52.232-17 Interest (MAY 2014)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer –System for Award Management(OCT 2018)

52.233-1 Disputes (MAY 2014) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (AUG 2019)

52.245-1 Government Property (JAN 2017)

Alternate I (APR 2012)

Alternate II (APR 2012)

52.246-25 Limitation of Liability—Services (FEB 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

8(a)

52.219-11 Special 8(a) Contract Conditions (JAN 2017)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.219-70XX Section 8(a) Direct Awards (JUN 2003)

OPTIONS

52.217-6 Option for Increased Quantity (MAR 1989) 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989)

52.217-8 Option to Extend Services (NOV 1999)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Page

1. Wage Determination No: 1977-0079, Revision No: 62, Date of Revision: 2/18/2020 (Inserted)

2. Pacific Northwest Region Fire Protection and Suppression (Inserted)

3. Vicinity Map (Inserted)

4. Item 1 Map (Inserted)

5. Experience Questionnaire (or submit Resume with all applicable information) (Inserted)

J.1

"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

| Wage Determination No.: 1977-0079

Daniel W. Simms Division of | Revision No.: 62

Director Wage Determinations| Date Of Last Revision: 02/19/2020

Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the

Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Oregon

Area: Oregon Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract(s) for Forestry and Logging Services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 16.45

08040 - Choker Setter 16.57

08070 - Faller/Bucker 29.25

08100 - Fire Lookout 15.92

08130 - Forestry Equipment Operator 19.23

08160 - Forestry/Logging Heavy Equipment Operator 19.23

08190 - Forestry Technician 21.19

08200 - Forestry Truck Driver 16.83

08250 - General Forestry Laborer 13.25

08280 - Nursery Specialist 22.04

08310 - Slash Piler/Burner 10.59

08340 - Tree Climber 10.59

08370 - Tree Planter 14.91

08400 - Tree Planter Mechanical 14.91

Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal

Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1

2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.54 per hour up to 40 hours per week or $181.60 per week or

$786.93 per month

HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal

Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or…