PRESOL | 56 | RECOVERY - ROOF REPAIR - Additional Specifications

FBO DAILY ISSUE OF APRIL 18, 2010 FBO #3067
SOLICITATION NOTICE

56 -- RECOVERY - ROOF REPAIR - Additional Specifications

Notice Date: 4/16/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 238160 — Roofing Contractors
Contracting Office: Department of Agriculture, Forest Service, EROC Southwest, 1323 Club Drive, Vallejo, California, 94592, United States
ZIP Code: 94592
Solicitation Number: AG-9702-S-10-0400
Archive Date: 5/13/2010
Point of Contact: April L. Blodgett, Phone: 707-562-9121
E-Mail Address: ablodgett@fs.fed.us
(ablodgett@fs.fed.us)
Small Business Set-Aside: HUBZone
Description: Specifications (detailed) RECOVERY: THIS PROJECT IS FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA). (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quote (RFQ). Submit written offers on RFQ Number AG-9702-S-10-0400, (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-33. (IV) This solicitation is being issued as a Small Business Set Aside. The associated NAICS code is 238160. Roofing Contractors. The Size Standard is $14 million. (V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services: ¬¬¬¬¬¬¬¬¬¬¬¬¬ This project includes repairs to a standing seam metal roof including but not limited to flashing repair and fabrication/repair of crickets to prevent leaks. A soffet will be constructed to enclose the exposed beams under the roof eaves. (VI) Detailed description of requirements is included in attached statement of work. (VII) Date(s) and place(s) of delivery and acceptance: 60 calendar days after receipt of order. Location: Approximately ¼ mile North of Lee Vining on U. S. Highway 395, there is an entrance road (East of the 395) to the Mono Basin Scenic Area Visitor Center. The Visitor Center is approximately ¼ mile East of Highway 395. Address of Forest: Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 93514 (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (June 2008), applies to this acquisition. (IX) Offers will be evaluated on their ability to meet the government’s requirements to include Price, Quality and Delivery. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (June 2009), with their proposal or complete the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Provide written confirmation when offerors complete the ORCA. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Mar 2009), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (June 2009) applies to this acquisition (subparagraphs are marked below). The additional following clauses apply: Price Range The Government's estimate is: [×] < $25,000 (XIII) Offers are required to be received in the contracting office no later than 2:00 P.M. PST on April 28, 2010. All offers must be submitted via the electronic interface located on line at www.fbo.gov (this website). (XIV) Any questions regarding this solicitation should be directed to April Blodgett at (707) 562-9121, email to ablodgett@fs.fed.us. Technical questions or site visits can be directed to Nora Gamino, email: ngamino@fs.fed.us or phone number 760-873-2414. Schedule B – Schedule of Items ItemDescriptionUnit of IssueQuantityUnit PriceTotal Price 0001MobilizationLSQ1 0002Metal Flashing and Roof RepairLSQ1 0003Painting and CoatingAQ52 Each 0004Bird Deterrent SystemDQ650 Square Ft. Statement of Work SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK Scope of Contract This solicitation, and resulting contract, is for the repair of the leaking areas of the Mono Basin Scenic Area Visitor Center’s standing seam metal roof and the cleaning, preparation and installation of bird netting under the roof eave. This work shall include the following elements: •Assess the leaking areas of the roof and develop a solution that is minimally disruptive to the roof, cost effective and maintains the aesthetic design of the roof. •Utilize approved solution to repair the leaking areas of the roof. This will include fabricating or supplying any and all materials and parts needed to complete the work. •Cleaning the underside of the roof eaves where birds have nested. This cleaning shall remove any foreign materials remaining after the removal of the nests. •The cleaned area under the eave, including the exposed beams shall be prepared for painting and then painted with high quality exterior paint. •The exposed beams shall be protected with bird netting to prevent birds from nesting under the eaves. This netting shall enclose the entire eave and shall be durable and high quality. The Contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications when making estimates of quantities or work. Project Location Project is located at the Mono Basin Scenic Area Visitor Center on the Mono Lake Ranger District of the Inyo National Forest. The Visitor Center is located near the western shore of Mono Lake, less than one mile north of the town of Lee Vining, California. The Center can be reached by traveling North from Bishop, CA on Highway 395 for approximately 66 miles; turn right (East) at the exit for the Mono Basin Scenic Area Visitor Center. State of California, County of Mono, Section 9, Township 1 North, Range 26 East NOTE: Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, 52.236-27, SITE VISIT.) Price Range The Government's estimate is: [×] < $25,000 Estimated Start Date The estimated start work date is 07/01/2010. The contract time will be 45 days. Contract time includes delays for weather; locating and transporting supplies and materials; and final site clean-up Contractor must begin work within 10 days of the effective date of the Notice to Proceed. See Section F for additional information. Restrictions on Work The Mono Basin SAVC is a popular destination for visitors to the area. This Visitor Center is open seven (7) days a week in the summer months. Contractor shall insure that the operation of the Visitor Center remains uninterrupted by the Contractor’s construction activities, equipment, material suppliers, and employees during the time the Visitor Center is in open. Due to higher visitation during the weekends, the Contractor must perform work Monday through Thursday during daylight hours. Permission to work on weekends will be considered by the COR on a case by case basis. The Contractor is responsible for the security of the Contractor’s tools and equipment at all times during the project. All trash and loose material shall be secured on each Thursday or last working day of the week. All motorized equipment shall be provided with key locks or other device to render them inoperable when the Contractor is not on site. The Contractor shall provide trash receptacles for construction and employee waste. The Contractor shall not use Government trash facilities for waste without permission of the COR. All construction debris remains property of the Contractor and shall be properly disposed of off of National Forest Land. The Contractor and the Contractor’s employees will not be permitted to have dogs or other pets on the project site at any time. Worker's Compensation Insurance The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance. Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [×] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. Maps INCLUDED WITH DRAWINGS Drawings and Specifications Project Drawings: The following drawings and figures are part of this solicitation: Plans: Sheet 1: Title, Locality & Index Sheet Sheet 2: Roof Details Photographs of Exposed Beams and Nest LocationsSpecifications: Construction Standard Institute (CSI) specifications These specifications are physically incorporated in the solicitation. (See attachment) 00 19 00 – Mobilization 07 62 01 – Metal Flashing and Roof Repair 09 90 00 – Painting and Coating 10 81 13 – Bird Deterrent System Section I – Contract Clauses FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html 52.202-1 Definitions. (JUL 2004) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant against Contingent Fees. (APR 1984) 52.203-7 Anti-Kickback Procedures. (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 52.204-7 Central Contractor Registration (APR 2008) 52.211-6 Brand Name or Equal (AUG 1999) 52.212-2 -- Evaluation -- Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Understanding of the Government’s Requirements 2. Organizational Experience 3. Orgainizational Past Performance 4. Price Technical and past performance, when combined, are 50% of the relative importance of all other evaluation factors, when combined, when compared to price.] (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.202-1 Definitions. (JUL 2004) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant against Contingent Fees. (APR 1984) 52.203-7 Anti-Kickback Procedures. (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 52.204-7 Central Contractor Registration (APR 2008) 52.212-4 Contract Terms and Conditions -- Commercial Items (Mar 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 1 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 1 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). 1 (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5). 1 (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). 1 (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). 0 (7) [Reserved] 0 (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-6. 0 (iii) Alternate II (Mar 2004) of 52.219-6. 0 (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 0 (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 0 (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).) 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 1 (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). 0 (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). 0 (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). 0 (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). 1 (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755). 1 (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). 1 (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). 1 (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). 1 (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). 0 (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). 0 (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). 0 (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 1 (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 1 (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 0 (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). 0 (ii) Alternate I (Dec 2007) of 52.223-16. 0 (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). 0 (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). 0 (ii) Alternate I (Jan 2004) of 52.225-3. 0 (iii) Alternate II (Jan 2004) of 52.225-3. 0 (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). 0 (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). 0 (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). 0 (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). 0 (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). 0 (ii) Alternate I (Apr 2003) of 52.247-64. ________________________________________________ (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: 1 (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). 1 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). 0 (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). 0 (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). 0 (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than— (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (A) 52.203–13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (C) 52.219–8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222–35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (F) 52.222–36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (G) 52.222–39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (H) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 52.222–51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (K) 52.222–53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (L) 52.222–54, Employment Eligibility Verification (Jan 2009). (M) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110–247). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6. (N) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.216-4 Economic Price Adjustment - Labor and Material. (JAN 1997) 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) 52.224-1 Privacy Act Notification. (APR 1984) 52.224-2 Privacy Act. (APR 1984) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-9 Limitation on Withholding of Payments. (APR 1984) 52.232-17 Interest. (OCT 2008) 52.232-23 Assignment of Claims. (JAN 1986) 52.233-1 Disputes. (JUL 2002) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.237-3 Continuity of Services. (JAN 1991) 52.243-1 Changes - Fixed-Price. (AUG 1987) Alternative I (APR 1984) 52.244-6 Subcontracts for Commercial Items. (MAR 2009) (a) Definitions. As used in this clause-- "Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions. "Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract. (c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items: (i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act. (iii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212(a)). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39). (viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64). (2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. 52.246-25 Limitation of Liability - Services. (FEB 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 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) SECTION H--SPECIAL CONTRACT REQUIREMENTS Emergencies Fire Plan [ ]See Section J, Fire Plan [×]Not applicable; however, Contractors are required to comply with State law during fire season. Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J): [ ](a) Trail Construction - 100 meters on either side of the centerline [ ](b) Construction of Structures - 100 meters around the perimeter of the project [ ](c) Road Construction - 400 meters on either side of the centerline [ ](d) Special for this project: Utility Services The Contractor will be allowed to use the electricity at the Visitor Center, however no extension cords or other amenities will be provided. Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fullyconversant in the English language. Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment. Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved. Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences. Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer. Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use. Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection. If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds. SECTION M--EVALUATION FACTORS FOR AWARD AWARD DETERMINATION Award will be made to the offeror whose acceptable offer provides the best value to the government, considering price and the non-price factors listed below. Non-price evaluation factors, when combined, are approximately equal to cost or price. The selection official will base the award decision on a tradeoff between price and non-price factors, comparing the relative risk to the government of poor or non-performance posed by each of the offerors, and making a judgment as to whether or not reduced risk of performance is worth the additional cost. In some cases this will result in award to a lower-ranked but lower-priced offer; in other cases the result will be award to a higher-ranked but higher-priced offer. EVALUATION FACTORS Acceptability of the Offer The Government will determine the acceptability of each offer on a pass or fail basis. An offer is acceptable when it manifests the offeror's assent, without exception, to the terms and conditions of the RFP, including attachments. If an offeror takes an exception to any of the terms and conditions of the RFP, then the Government will consider its offer to be unacceptable. Capability of the Offeror The Government will assess the capability of each offeror on the basis of the following criteria which are of approximately equal value: (1) Understanding of the Government's requirements, (2) Organizational Experience, and (3) Organizational Past Performance. The Government will not assess capability on a pass/fail basis, but will use its assessments of capability as a basis for comparing offerors to determine best value. (1) Understanding of the Government's Requirements. The Government will evaluate each offeror's relative understanding of the Government's requirements on the basis of its written submittals addressing the following subfactors: a) Any information that indicates the extent to which the site for this project was visited. b) The results concluded from the site visit. c) The resources (personnel and equipment) which are planned for use on the project, and how realistic that plan is given concurrent obligations. d) Site-specific safety plan. e) Plan of work. f) Where applicable, estimated production rates. (2) Past Performance. Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with Federal, state, and local laws and regulations. The Government will contact some of each offeror's customers to ask whether or not that: (1) that the offeror was capable, efficient, and effective; (2) the offeror's performance conformed to the terms and conditions of its contract (specifications); (3) finished within the contract time; (4) the offeror was reasonable and cooperative during performance; and (5) the offeror was committed to customer satisfaction. In evaluating past performance, the Government will contact some of the references provided by the offeror and other sources of information, including, but not limited to: Federal, state, and local government agencies, better business bureaus, published media, and electronic data bases. The Government may evaluate the organizational past performance of the offeror's proposed key subcontractors. FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS 6-14-2006 (Ref: FSH 6309.32 and 6309.11) 1. SCOPE: The provisions set forth below outline the responsibility for fire prevention and suppression activities and establish a suppression plan for fires within the contract area. The contract area is delineated by map in the contract. The provisions set forth below also specify conditions under which contract activities will be curtailed or shut down. 2. RESPONSIBILITIES: A. Contractor (1)Shall abide by the requirements of this Fire Plan. (2)Shall take all steps necessary to prevent his/her employees, subcontractors and their employees from setting fires not required in completion of the contract, shall be responsible for preventing the escape of fires set directly or indirectly as a result of contract operations, and shall extinguish all such fires which may escape. (3) Shall permit and assist in periodic testing and inspection of required fire equipment. Contractor shall certify compliance with specific fire precautionary measures in the fire plan, before beginning operations during Fire Precautionary Period and shall update such certification when operations change. (4) Shall designate in the fire plan and furnish on Contract Area during operating hours a qualified fire supervisor authorized to act on behalf of Contractor in fire prevention and suppression matters. Shall complete the Contractor's Plan Regarding Personnel and shall furnish the Contracting Officer (CO) with a copy prior to commencing work at the site. Shall currently advise the CO of any changes in personnel as the changes occur. Shall revise Section 6.B to reflect current activities upon request of the CO. B. Forest Service The Forest Service may conduct one or more inspections for compliance with the fire plan. The number, timing, and scope of such inspections will be at the discretion of agency employees responsible for contract administration. Such inspections do not relieve the Contractor of responsibility for correcting violations of the fire plan or for fire safety in general, as outlined in paragraph 2.A above. 3.TOOLS AND EQUIPMENT: A.The Contractor shall comply with the following requirements during the fire precautionary period as defined by unit administering contracts unless waived in writing: The Fire Precautionary Period is 05/01/10_________ to 10/01/10________. Contractor shall equip each operating tractor and any other internal combustion engine with a spark arrester, except for motor vehicles equipped with a maintained muffler as defined in C.P.R.C. Section 4442 or tractors with exhaust-operated turbochargers. Spark Arresters shall be a model tested and approved under Forest Service Standard 5100-1a as shown in the. National Wildlife Coordinating Group Spark Arrester Guide, Volumes 1 and 2, and shall be maintained in good operating condition. Contractor shall meet minimum requirements of Sections 4427 and 4428 of the California Public Resources Code (C.P.R.C.). Fire tools kept at each operating landing shall be sufficient to equip all employees in the felling, yarding, loading, chipping, and material processing operations associated with each landing. Fire equipment shall include two tractor headlights for each tractor dozer used in Contractor's Operations. Tractor headlights shall be attachable to each tractor and served by an adequate power source. Where cable yarding is used, Contractor shall provide a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump within 10 feet of each tail and corner block. Trucks, tractors, pickups and other similar mobile equipment shall be equipped with and carry at all times a size 0 or larger shovel with an overall length of not less than 46 inches and a 2-1/2 pound axe or larger with an overall length of not less than 28 inches. Contractor shall equip each internal combustion yarder, fuel truck, and loader with a fire extinguisher for oil and grease fires (4-A:60-B:C). Contractor shall equip each mechanized harvesting machine with hydraulic systems, powered by an internal combustion engine (chipper, feller/buncher, harvester, forwarder, hot saws, stroke delimber, etc), except tractors and skidders, with at least two 4-A:60-B:C fire extinguishers or equivalent. In addition, concentrations of wood dust and debris shall be removed from such equipment daily. Additional extinguishers and sizes may be required at landings in accordance with Section 5. Each power saw shall be equipped with a spark arrester approved according to C.P.R.C. Section 4442 or 4443 and shall be maintained in effective working order. One fire extinguisher meeting specifications of C.P.R.C. Section 4431 shall be kept with each operating power saw. A size 0 or larger shovel with an overall length of not less than 38 inches shall be kept with each gas can but not more than 300 feet from each power saw when used off cleared landing areas. Contractor shall meet minimum requirements of Section 4430 of the California Public Resources Code (C.P.R.C.). Contractor shall provide a water tank truck or trailer on or in proximity to Contract Area during Contractor 's Operations hereunder during Fire Precautionary Period unless otherwise agreed. When Project Activity Level B or higher is in effect, a tank truck or trailer shall be on or immediately adjacent to each active landing unless otherwise excepted when hot saw technology is being used. See Section 5 for specific contract requirements. The tank shall contain at least 300 gallons of water available for fire suppression. A water sprinkling tank truck will meet this requirement if provision is made to insure that the minimum of 300 gallons is available for fire suppression at all times. Ample power and hitch shall be readily available for promptly and safely moving tank over roads serving Contract Area. Tank truck or trailer shall be equipped with following: (1)Pump, which at sea level, can deliver 23 gallons per minute at 175 pounds per square inch measured at the pump outlet. Pumps shall be tested on Contract Area using a 5/16 inch orifice in the Forester One Inch In-Line Gauge test kit. Pump shall meet or exceed the pressure value in the following table for nearest temperature and elevation: Temp Sea Level 1000 Feet 2000 Feet 3000 Feet 4000 Feet 5000 Feet 6000 Feet 7000 Feet 8000 Feet 9000 Feet 10000 Feet 551792317423169231652216122157221532215021146211422113921 701752317123166221622215822154221502114721143211392113620 851712316823163221592215522151211472114421140211362013320 1001682316423159221552215222148211442114121137201332013120 PSIGPMPSIGPMPSIGPMPSIGPMPSIGPMPSIGPMPSIGPMPSIGPMPSIGPMPSIGPMPSIGPM The pump outlet shall be equipped with 1-1/2 inch National Standard Fire Hose thread. A bypass or pressure relief valve shall be provided for other than centrifugal pumps. (2)300 feet of 3/4-inch inside diameter rubber-covered high-pressure hose mounted on live reel attached to pump with no segments longer than approximately 50 feet, when measured to the extreme ends of the couplings. Hose shall have reusable compression wedge type 1-inch brass or lightweight couplings (aluminum or plastic). One end of hose shall be equipped with a coupling female section and the other end with a coupling male section. The hose shall, with the nozzle closed, be capable of withstanding 200 PSI pump pressure without leaking, distortions, slipping of couplings, or other failures. (3)A shut-off combination nozzle that meets the following minimum performance standards when measured at 100 P.S.I. at the nozzle: G.P.M.Horizontal Range Straight Stream1038 feet Fog Spray6 - 20N/A (4)Sufficient fuel to run pump at least 2 hours and necessary service accessories to facilitate efficient operation of the pump. When Contractor is using Hot Saw Technology, an additional 500 feet of not less than one (1) inch outside diameter serviceable hard rubber poly or rubber lined or fiber jacket rubber lined (FJRL) hose shall be immediately available for use and be capable of connecting to the 300 feet of hose and appurturances in (2) and (3) above. Synthetic hose may be used by agreement. B Any additional fire plan requirements: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 4. GENERAL A. State Law. The Contractor shall comply with all applicable laws of the State of California. In particular, see California Public Resource Codes. B. Permits Required. The Contractor must secure a special written permit from the District Ranger or designated representative before engaging in any of the activities listed below. The terms and conditions of any of the permits required for this contract are as shown on copies attached to the Fire Plan. (1) Blasting and Storage of Explosives and Detonators. (Explosives Permit required by California Health & Safety Code, Section 12101.) (2) Burning. (3) Air Pollution. (Issued by local State or County Air Pollution Control Districts, as applicable.) (4) Camp, Lunch and Warming Fires. (5) Welding and Cutting. C. Regulations for Burning. Before setting any fires whatsoever, the Contractor shall notify the CO of his/her intentions. Special care shall be taken to prevent scorching or causing any damage to adjacent structures, trees, and shrubbery. Piles of material to be burned shall be of such size and so placed that during burning no damage shall result to adjacent objects. D. Smoking and Fire Rules. Smoking shall not be permitted during fire season, except in a barren area or in an area cleared to mineral soil at least three feet in diameter (CPRC 4423.4). In areas closed to smoking, the CO may approve special areas to be used for smoking. The Contractor shall sign designated smoking areas. Contractor shall post signs regarding smoking and fire rules in conspicuous places for all employees to see. Contractor's supervisory personnel shall require compliance with these rules. Under no circumstances shall smoking be permitted during fire season while employees are operating light or heavy equipment, or walking or working in grass and woodlands. E. Storage and Parking Areas. Equipment service areas, parking areas, and gas and oil storage areas shall be cleared of all flammable material for a radius of at least 10 feet unless otherwise specified by local administrative unit. Small mobile or stationary internal combustion engine sites shall be cleared of flammable material for a slope distance of at least 10 feet from such engine. The COR shall approve such sites in writing. F. Welding. Contractor shall confine welding activity to cleared areas having a minimum radius of ten feet measured from place of welding. G. Blasting. Contractor shall use electric caps only unless otherwise agreed in writing. When blasting is necessary in slash areas, a watchperson equipped with a size 0 or larger shovel with an overall length of not less than 46 inches and a filled backpack can (4 or 5 gallon) with hand pump shall remain in the immediate area for an hour after blasting has been completed. H. Oil Filter and Glass Jugs. Contractor shall remove from National Forest lands oily rags and used oil filters and shall prohibit use of glass bottles and jugs in Contractor's Operations. I. Reporting Fires. As soon as feasible but no later than 15 minutes after initial discovery, Contractor shall notify Forest Service of any fires on Contract Area or along roads used by Contractor. J. Communications. Contractor shall furnish a serviceable telephone, radio-telephone or radio system connecting each operating side with Contractor's headquarters. When such headquarters is at a location which makes communication to it clearly impractical, Forest Service may accept a reasonable alternative location. The communication system shall provide prompt and reliable communications between Contractor's headquarters (or agreed to alternative) and Forest Service via commercial or Forest Service telephone. The communications system shall be operable during Contractor's Operations in Fire Precautionary Period described in Section 3 and during the time fire patrolperson service is required. A radio-equipped fire patrolperson vehicle will satisfy this requirement if in operation during the time required except during PAL levels “D” and “Ev”. See Section 5 for other communication requirements when operating on “D” and “Ev” days with hot saw technology. A CB is not acceptable communication because FCC Regulations prohibit commercial use. K. Fire Patrol Person. Contractor shall furnish a qualified fire patrolperson each operating day when Project Activity Level B or higher is in effect. When on duty, sole responsibility of patrolperson shall be to patrol the operation for prevention and detection of fires, take suppression action where necessary and notify the Forest Service as required by Section 5. By agreement, one patrolperson may provide patrol on this and adjacent projects or sales. No patrolperson shall be required on Specified Road construction jobs except during clearing operations unless otherwise specified. L.Time of Snag Felling. Unless the felling of dead trees would interfere with the felling, skidding or yarding of green timber or be a safety hazard, or be prevented under Section 5, required felling of dead trees shall be concurrent with the felling of live timber. There shall be reasonably timely felling of dead trees to facilitate utilization and protection from fire. M.Clearing of Fuels. Contractor shall clear away, and keep clear, fuels and logging debris as follows: Welding equipment and stationary log loaders, yarders and other equipment listed in California State Law:10 feet slope radius Tail or corner haulback blocks:5 feet slope radius Lines near, between or above blocks:Sufficient clearing to prevent line from rubbing on snags, down logs and other dead woody material 5. EMERGENCY MEASURES The table set forth below establishes work restrictions and fire precautions that the Contractor must observe at each activity level. The restrictions are cumulative at each level. The Forest Service, in its sole discretion, may change the predicted activity level if the current fire suppression situation, weather and vegetation conditions warrant additional restriction of activities. Contractor shall obtain the predicted Project Activity Level by calling the following phone number (760) 873-2555 before starting work each day. If practicable, Forest Service will determine the following day’s activity level by 6:00 PM local time. If predictions made after 6:00 PM are significantly different than originally estimated, Forest Service will inform Contractor when changes in restrictions or industrial precautions are indicated. The following definitions shall apply to these Project Activity Levels: Cable Yarding Systems: A yarding system that takes logs from the stump area to a landing using an overhead system of winch-driven cables to which logs are attached with chokers or grapples. Hot Saw Technology: A harvesting system that employs a high-speed (>1100 rpm) rotation felling heads (i.e., full rotation lateral tilt head). Sunset: The time that sunset is reported in the local newspaper for that day. Except for Project Activity Level days “Ev after 1:00 PM local time” and “E”, Forest Service may issue substitute precautions(s) of the requirements below. Such agreements shall prescribe measures to be taken by Contractor to reduce risk of ignition and/or spread of fire. Forest Service may change the Project Activity Levels to other values upon revision of the National Fire Danger Rating System and may change the specific Project Activity Levels and/or requirements when such changes are necessary for the protection of the National Forest. When sent to Contractor, the revised Project Activity Levels will supersede the levels below. PROJECT ACTIVITY LEVEL –EMERGENCY PRECAUTIONS Table version 6/13/2006 PROJECT ACTIVITY LEVEL LevelProject Activity Requirements A Minimum required by Section 3 1. PAL levels are cumulative, Ev level would include all preceding PAL requirements. B1. A fire patrolperson is required for mechanical operations from cessation of operations until 2 hours after operations cease or sunset, which ever occurs first. 2. Tank truck or trailer shall be on or adjacent to each active landing. 3. When hot saw technology is being used, the tank truck or trailer (B2 above) may serve dual purpose as active landing tank truck provided it shall be kept readily available for use as follows: a.Within one quarter mile of the operating hot saw technology; and b.Within 10 minutes of the active landing; and c. Effective communications exist between hot saw technology and active landing. Otherwise, there shall be a tank truck or trailer at both the active landing and within one quarter mile of the operating hot saw technology. 4. (Additional restrictions specified by the forest.) C 1. The following operations are prohibited from 1:00 PM until 8:00 PM local time: a. Blasting 2. Operations using hot saw technology are prohibited between 1:00 PM and sunset local time. Hot saw technology operations may continue if Contractor provides a portable fire suppression system capable of extinguishing a 20-foot by 20-foot wild land fire within five (5) minutes of discovery. The following equipment will meet the requirements above: a. Compressed Air Foam System with minimum requirements of 20 gallons stored energy, 100 feet of 1 inch hose and adjustable 1 inch nozzle, minimum discharge range of 60 feet and 1 spare air cylinder; or b. All terrain tank truck or equivalent capable of traveling throughout the cutting unit, containing not less than 300 gallons of water and complies with all tank truck requirements of Section 3. All terrain tank truck or equivalent may serve dual purpose as active landing tank truck provided: 1) Tank truck or equivalent shall be kept readily available to extinguish a fire within 5 minutes of discovery of the operating hot saw technology, 2) Tank truck or equivalent shall be no further than 10 minutes travel time to the active landing, 3) A 4-A:80-B:C extinguisher is maintained at the landing fire tool box and, 4) Effective communications exist between the hot saw technology, active landing and all terrain tank truck or equivalent. Otherwise there shall be a tank truck at the active landing and an all terrain tank truck or equivalent with the hot saw technology. 3. (Additional restrictions specified by the forest.) D 1. The following restrictions apply: a. No blasting after 10:00 AM b. Welding or cutting of metal only by special permit c. No Burning without a permit 2. The following activities may not operate after 1:00 PM local time unless fire patrolperson(s) walks all areas operated that day once per hour until sunset local time and has the capability of notifying the designated Forest Service Dispatch Center within fifteen (15) minutes of discovery of a fire: a. Track-laying equipment b. Chipping outside of landings and roadbeds c. Equipment using Hot Saw Technology d. Chainsaw operations outside of landings and roadbeds e. Tree felling operations f. Ripping roads and landings g. Mastication h. Cable-yarding employing motorized carriages. 3. (Additional restrictions specified by the forest.) Ev 1. The following operations are prohibited: a. Blasting b. Welding or cutting metal c. Burning 2. Following activities may operate when fire patrolperson walks from 9:00 AM until local sunset all areas once per hour that were mechanically operated that day. A. Activities that may operate all day: 1. Hauling and loading of logs decked at approved landings. 2. Hauling and loading of chips piled at approved landings. 3. Equipment servicing at approved sites. 4. Roads: Dust abatement or rock aggregate installation (does not include pit or quarry development) 5. Chainsaw or stroke delimber operation associated with loading at approved landing sites. B. All other Operations are permitted until 1:00 PM local time subject to the following: 1. When hot saw technology is being used a tractor or other equipment with blade capable of constructing fire line, shall be on standby and immediately available. Tractor will have effective communications with hot saw technology and be within one quarter mile of hot saw technology to quickly reach and effectively attack a fire start. C. (Additional restrictions specified by the forest.) EThe following activities may operate subject to B1. and B2. 1. Hauling and loading of logs decked at approved landings. 2. Hauling and loading of chips piled at approved landings. 3. Equipment at approved sites may be serviced. 4 Roads: Dust abatement or rock aggregate installation (does not include pit development). 5. Chainsaw operation associated with loading at approved landings. 6. REPORTING ALL WILD FIRES A. Contractor's employees shall report all fires as soon as possible but no later than 15 minutes after initial discovery to any of the following Forest Service facilities and/or personnel listed below, but not necessarily in the order shown: NameOffice Address and/or telephoneHome address and/or telephone Dispatch CenterDispatchOVICC(760) 873-2488 Same Nearest FS StationLee Vining Ranger Station(760) 647-3044n/a InspectorNora Gamino(760) 873-2490 2400 n/a CORNora Gamino(760) 873-2487 2400 n/a District RangerJon Regelbrugge (760) 924-55535500n/a D.R. Designated Rep When reporting a fire, provide the following information; Your Name; Call back telephone number; Project name; Location; Legal description (Township, Range, Section); and Descriptive location (Reference point); Fire Information; Acres; Rate of Spread; and Wind Conditions. B. Contractor's Plan Regarding Personnel. The Contractor shall, prior to commencing work, furnish the following information relating to key personnel TitleNameAddress and/or telephone Fire SupervisorX Fire PatrolpersonX Wage Determination WD 05-2045 (Rev.-9) was first posted on www.wdol.gov on 11/03/2009 ************************************************************************************ 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.: 2005-2045 Shirley F. Ebbesen Division of | Revision No.: 9 Director Wage Determinations| Date Of Revision: 10/27/2009 _______________________________________|____________________________________________ State: California Area: California Counties of Fresno, Madera, Mariposa, Merced ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.16 01012 - Accounting Clerk II 15.89 01013 - Accounting Clerk III 17.78 01020 - Administrative Assistant 20.44 01040 - Court Reporter 22.99 01051 - Data Entry Operator I 12.57 01052 - Data Entry Operator II 13.71 01060 - Dispatcher, Motor Vehicle 17.04 01070 - Document Preparation Clerk 12.89 01090 - Duplicating Machine Operator 12.89 01111 - General Clerk I 12.25 01112 - General Clerk II 13.23 01113 - General Clerk III 15.04 01120 - Housing Referral Assistant 18.03 01141 - Messenger Courier 10.28 01191 - Order Clerk I 11.95 01192 - Order Clerk II 13.05 01261 - Personnel Assistant (Employment) I 15.37 01262 - Personnel Assistant (Employment) II 17.19 01263 - Personnel Assistant (Employment) III 19.17 01270 - Production Control Clerk 19.13 01280 - Receptionist 10.96 01290 - Rental Clerk 14.53 01300 - Scheduler, Maintenance 14.45 01311 - Secretary I 14.45 01312 - Secretary II 16.43 01313 - Secretary III 18.03 01320 - Service Order Dispatcher 16.97 01410 - Supply Technician 20.44 01420 - Survey Worker 16.05 01531 - Travel Clerk I 12.25 01532 - Travel Clerk II 12.89 01533 - Travel Clerk III 13.97 01611 - Word Processor I 13.86 01612 - Word Processor II 15.56 01613 - Word Processor III 17.40 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 17.00 05010 - Automotive Electrician 17.75 05040 - Automotive Glass Installer 15.97 05070 - Automotive Worker 15.97 05110 - Mobile Equipment Servicer 14.17 05130 - Motor Equipment Metal Mechanic 17.75 05160 - Motor Equipment Metal Worker 15.97 05190 - Motor Vehicle Mechanic 18.11 05220 - Motor Vehicle Mechanic Helper 13.43 05250 - Motor Vehicle Upholstery Worker 15.72 05280 - Motor Vehicle Wrecker 15.97 05310 - Painter, Automotive 16.84 05340 - Radiator Repair Specialist 15.97 05370 - Tire Repairer 11.82 05400 - Transmission Repair Specialist 17.75 07000 - Food Preparation And Service Occupations 07010 - Baker 12.87 07041 - Cook I 11.85 07042 - Cook II 13.11 07070 - Dishwasher 8.17 07130 - Food Service Worker 8.92 07210 - Meat Cutter 15.46 07260 - Waiter/Waitress 8.91 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 14.54 09040 - Furniture Handler 11.59 09080 - Furniture Refinisher 14.54 09090 - Furniture Refinisher Helper 11.59 09110 - Furniture Repairer, Minor 13.01 09130 - Upholsterer 14.54 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 9.54 11060 - Elevator Operator 9.54 11090 - Gardener 13.47 11122 - Housekeeping Aide 11.09 11150 - Janitor 11.09 11210 - Laborer, Grounds Maintenance 12.52 11240 - Maid or Houseman 9.28 11260 - Pruner 11.43 11270 - Tractor Operator 11.76 11330 - Trail Maintenance Worker 12.52 11360 - Window Cleaner 11.86 12000 - Health Occupations 12010 - Ambulance Driver 16.62 12011 - Breath Alcohol Technician 18.60 12012 - Certified Occupational Therapist Assistant 22.86 12015 - Certified Physical Therapist Assistant 23.44 12020 - Dental Assistant 14.93 12025 - Dental Hygienist 31.08 12030 - EKG Technician 25.58 12035 - Electroneurodiagnostic Technologist 25.58 12040 - Emergency Medical Technician 16.62 12071 - Licensed Practical Nurse I 16.63 12072 - Licensed Practical Nurse II 18.60 12073 - Licensed Practical Nurse III 20.74 12100 - Medical Assistant 13.38 12130 - Medical Laboratory Technician 17.90 12160 - Medical Record Clerk 12.30 12190 - Medical Record Technician 13.76 12195 - Medical Transcriptionist 16.46 12210 - Nuclear Medicine Technologist 44.40 12221 - Nursing Assistant I 10.23 12222 - Nursing Assistant II 11.49 12223 - Nursing Assistant III 12.54 12224 - Nursing Assistant IV 14.07 12235 - Optical Dispenser 15.86 12236 - Optical Technician 13.73 12250 - Pharmacy Technician 16.06 12280 - Phlebotomist 14.07 12305 - Radiologic Technologist 27.37 12311 - Registered Nurse I 23.83 12312 - Registered Nurse II 29.15 12313 - Registered Nurse II, Specialist 29.15 12314 - Registered Nurse III 35.27 12315 - Registered Nurse III, Anesthetist 35.27 12316 - Registered Nurse IV 42.28 12317 - Scheduler (Drug and Alcohol Testing) 23.04 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.06 13012 - Exhibits Specialist II 22.48 13013 - Exhibits Specialist III 27.46 13041 - Illustrator I 20.06 13042 - Illustrator II 22.48 13043 - Illustrator III 27.46 13047 - Librarian 27.51 13050 - Library Aide/Clerk 12.20 13054 - Library Information Technology Systems 24.84 Administrator 13058 - Library Technician 17.66 13061 - Media Specialist I 17.91 13062 - Media Specialist II 20.04 13063 - Media Specialist III 22.33 13071 - Photographer I 16.14 13072 - Photographer II 18.36 13073 - Photographer III 20.35 13074 - Photographer IV 25.18 13075 - Photographer V 30.44 13110 - Video Teleconference Technician 16.57 14000 - Information Technology Occupations 14041 - Computer Operator I 15.36 14042 - Computer Operator II 17.30 14043 - Computer Operator III 19.99 14044 - Computer Operator IV 22.17 14045 - Computer Operator V 24.61 14071 - Computer Programmer I (see 1) 18.30 14072 - Computer Programmer II (see 1) 22.67 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 15.36 14160 - Personal Computer Support Technician 22.17 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 28.58 15020 - Aircrew Training Devices Instructor (Rated) 34.58 15030 - Air Crew Training Devices Instructor (Pilot) 41.39 15050 - Computer Based Training Specialist / Instructor 28.58 15060 - Educational Technologist 34.33 15070 - Flight Instructor (Pilot) 41.39 15080 - Graphic Artist 22.19 15090 - Technical Instructor 20.56 15095 - Technical Instructor/Course Developer 25.17 15110 - Test Proctor 16.86 15120 - Tutor 16.86 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.02 16030 - Counter Attendant 9.02 16040 - Dry Cleaner 10.82 16070 - Finisher, Flatwork, Machine 9.02 16090 - Presser, Hand 9.02 16110 - Presser, Machine, Drycleaning 9.02 16130 - Presser, Machine, Shirts 9.02 16160 - Presser, Machine, Wearing Apparel, Laundry 9.02 16190 - Sewing Machine Operator 11.43 16220 - Tailor 12.05 16250 - Washer, Machine 9.60 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 19.95 19040 - Tool And Die Maker 24.45 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 13.22 21030 - Material Coordinator 19.13 21040 - Material Expediter 19.13 21050 - Material Handling Laborer 10.47 21071 - Order Filler 12.13 21080 - Production Line Worker (Food Processing) 13.15 21110 - Shipping Packer 13.60 21130 - Shipping/Receiving Clerk 12.91 21140 - Store Worker I 11.22 21150 - Stock Clerk 14.72 21210 - Tools And Parts Attendant 13.22 21410 - Warehouse Specialist 13.22 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 22.22 23021 - Aircraft Mechanic I 21.08 23022 - Aircraft Mechanic II 22.22 23023 - Aircraft Mechanic III 23.34 23040 - Aircraft Mechanic Helper 15.97 23050 - Aircraft, Painter 19.79 23060 - Aircraft Servicer 17.91 23080 - Aircraft Worker 18.98 23110 - Appliance Mechanic 21.29 23120 - Bicycle Repairer 11.82 23125 - Cable Splicer 21.29 23130 - Carpenter, Maintenance 20.34 23140 - Carpet Layer 17.91 23160 - Electrician, Maintenance 21.88 23181 - Electronics Technician Maintenance I 18.87 23182 - Electronics Technician Maintenance II 22.44 23183 - Electronics Technician Maintenance III 23.82 23260 - Fabric Worker 17.86 23290 - Fire Alarm System Mechanic 21.16 23310 - Fire Extinguisher Repairer 16.71 23311 - Fuel Distribution System Mechanic 23.66 23312 - Fuel Distribution System Operator 17.91 23370 - General Maintenance Worker 16.63 23380 - Ground Support Equipment Mechanic 21.08 23381 - Ground Support Equipment Servicer 17.91 23382 - Ground Support Equipment Worker 18.98 23391 - Gunsmith I 16.71 23392 - Gunsmith II 19.01 23393 - Gunsmith III 21.29 23410 - Heating, Ventilation And Air-Conditioning 21.22 Mechanic 23411 - Heating, Ventilation And Air Contditioning 22.07 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 20.69 23440 - Heavy Equipment Operator 25.75 23460 - Instrument Mechanic 22.50 23465 - Laboratory/Shelter Mechanic 20.15 23470 - Laborer 10.47 23510 - Locksmith 21.70 23530 - Machinery Maintenance Mechanic 22.85 23550 - Machinist, Maintenance 18.19 23580 - Maintenance Trades Helper 11.48 23591 - Metrology Technician I 22.50 23592 - Metrology Technician II 23.40 23593 - Metrology Technician III 24.33 23640 - Millwright 22.04 23710 - Office Appliance Repairer 17.98 23760 - Painter, Maintenance 16.29 23790 - Pipefitter, Maintenance 21.86 23810 - Plumber, Maintenance 20.69 23820 - Pneudraulic Systems Mechanic 21.29 23850 - Rigger 21.29 23870 - Scale Mechanic 19.14 23890 - Sheet-Metal Worker, Maintenance 20.13 23910 - Small Engine Mechanic 18.35 23931 - Telecommunications Mechanic I 25.90 23932 - Telecommunications Mechanic II 27.30 23950 - Telephone Lineman 23.99 23960 - Welder, Combination, Maintenance 16.84 23965 - Well Driller 20.83 23970 - Woodcraft Worker 21.29 23980 - Woodworker 14.20 24000 - Personal Needs Occupations 24570 - Child Care Attendant 10.49 24580 - Child Care Center Clerk 12.76 24610 - Chore Aide 9.24 24620 - Family Readiness And Support Services 14.20 Coordinator 24630 - Homemaker 13.74 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 26.96 25040 - Sewage Plant Operator 21.99 25070 - Stationary Engineer 26.96 25190 - Ventilation Equipment Tender 18.37 25210 - Water Treatment Plant Operator 21.99 27000 - Protective Service Occupations 27004 - Alarm Monitor 17.95 27007 - Baggage Inspector 10.49 27008 - Corrections Officer 25.90 27010 - Court Security Officer 25.90 27030 - Detection Dog Handler 14.33 27040 - Detention Officer 25.90 27070 - Firefighter 23.08 27101 - Guard I 10.49 27102 - Guard II 14.33 27131 - Police Officer I 30.42 27132 - Police Officer II 33.80 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 10.86 28042 - Carnival Equipment Repairer 11.58 28043 - Carnival Equpment Worker 8.51 28210 - Gate Attendant/Gate Tender 14.00 28310 - Lifeguard 10.82 28350 - Park Attendant (Aide) 15.66 28510 - Recreation Aide/Health Facility Attendant 12.02 28515 - Recreation Specialist 18.29 28630 - Sports Official 12.47 28690 - Swimming Pool Operator 18.41 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 19.01 29020 - Hatch Tender 19.01 29030 - Line Handler 19.011 29041 - Stevedore I 17.86 29042 - Stevedore II 22.59 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.15 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.13 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 26.69 30021 - Archeological Technician I 16.33 30022 - Archeological Technician II 18.26 30023 - Archeological Technician III 22.63 30030 - Cartographic Technician 22.63 30040 - Civil Engineering Technician 24.11 30061 - Drafter/CAD Operator I 16.33 30062 - Drafter/CAD Operator II 18.26 30063 - Drafter/CAD Operator III 20.37 30064 - Drafter/CAD Operator IV 25.07 30081 - Engineering Technician I 15.79 30082 - Engineering Technician II 17.23 30083 - Engineering Technician III 20.69 30084 - Engineering Technician IV 21.64 30085 - Engineering Technician V 26.76 30086 - Engineering Technician VI 32.37 30090 - Environmental Technician 20.67 30210 - Laboratory Technician 18.05 30240 - Mathematical Technician 22.63 30361 - Paralegal/Legal Assistant I 19.94 30362 - Paralegal/Legal Assistant II 22.66 30363 - Paralegal/Legal Assistant III 27.72 30364 - Paralegal/Legal Assistant IV 33.54 30390 - Photo-Optics Technician 22.63 30461 - Technical Writer I 22.02 30462 - Technical Writer II 26.93 30463 - Technical Writer III 32.57 30491 - Unexploded Ordnance (UXO) Technician I 22.34 30492 - Unexploded Ordnance (UXO) Technician II 27.03 30493 - Unexploded Ordnance (UXO) Technician III 32.40 30494 - Unexploded (UXO) Safety Escort 22.34 30495 - Unexploded (UXO) Sweep Personnel 22.34 30620 - Weather Observer, Combined Upper Air Or (see 2) 20.37 Surface Programs 30621 - Weather Observer, Senior (see 2) 22.63 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 12.44 31030 - Bus Driver 16.72 31043 - Driver Courier 11.51 31260 - Parking and Lot Attendant 9.01 31290 - Shuttle Bus Driver 12.88 31310 - Taxi Driver 11.17 31361 - Truckdriver, Light 12.88 31362 - Truckdriver, Medium 14.67 31363 - Truckdriver, Heavy 17.92 31364 - Truckdriver, Tractor-Trailer 17.92 99000 - Miscellaneous Occupations 99030 - Cashier 9.93 99050 - Desk Clerk 9.32 99095 - Embalmer 26.70 99251 - Laboratory Animal Caretaker I 10.97 99252 - Laboratory Animal Caretaker II 11.63 99310 - Mortician 26.70 99410 - Pest Controller 12.97 99510 - Photofinishing Worker 11.74 99710 - Recycling Laborer 14.41 99711 - Recycling Specialist 16.72 99730 - Refuse Collector 14.29 99810 - Sales Clerk 11.72 99820 - School Crossing Guard 12.10 99830 - Survey Party Chief 28.14 99831 - Surveying Aide 18.71 99832 - Surveying Technician 25.58 99840 - Vending Machine Attendant 11.33 99841 - Vending Machine Repairer 15.80 99842 - Vending Machine Repairer Helper 12.30 ____________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 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) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** 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. 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.
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Place of Performance: Address: Inyo National Forest, 351 Pacu Lane, Suite 200, Momo Lake Visitor's Center, Bishop, California, 93514, United States; Zip Code: 93514
Record: SN02123863-W 20100418/100416234640-d9dd38cd2b94641b58f78650ee4139ca (fbodaily.com)
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56 -- RECOVERY - ROOF REPAIR - Additional Specifications