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FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 05, 2016 FBO #5369
MODIFICATION

F -- Eureka TSI

Notice Date: 8/3/2016
Notice Type: Modification/Amendment
NAICS: 115310 — Support Activities for Forestry
Contracting Office: Department of Agriculture, Forest Service, R-5, Central CA Acquisitions Service Area, Tahoe N.F., 631 Coyote Street, Nevada City, California, 95959-2250, United States
ZIP Code: 95959-2250
Solicitation Number: AG-9JGP-S-16-0148
Archive Date: 8/27/2016
Point of Contact: Craig Ericson, Phone: 5304786142
E-Mail Address: cericson@fs.fed.us
(cericson@fs.fed.us)
Small Business Set-Aside: Total Small Business
Description: Combined Solicitation & Synopsis AG-9JGP-S-16-0148 The Department of Agriculture, US Forest Service, Central California Acquisition Services Area, Beckwourth Ranger District of Plumas National Forest requires services for tree thinning with grapple Piling of activity created slash, grapple piling, mastication and related work of 202 Acres and is located approximately 8 miles north of Graeagle, California. This is a combined / solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://acquisition.gov/far. This is solicitation no. AG-9JGP-S-16-0148, Eureka TSI, Request for Quotations (RFQ) and is a 100% Total Small Business Set-Aside. The NAICS code is 115310 Support Activities for Forestry-Fuels Management Services. The size requirement for this NAICS code is $19 million. The government intends to award a Firm Fixed Price Contract. Closing date of Solicitation is: August 12, 2016. Projected Award Date is: August 26, 2016 ITEM NO. - DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 001 Grapple Pile Acres 14 $ $ 002 Mastication Acres 86 $ $ 003 Hand Thin w/Grapple Pile Acres 102 $ $ Total: $ Contractor Responsibility: Except as otherwise specified under 1.2 and 1.4, the contractor shall furnish the necessary personnel, supplies and transportation to perform the services and insure that the designated areas present a clean, healthy, orderly and well-kept appearance. Estimated Start Date & Contract Time: Date/Time Start August 29, 2016 Contract Time 90 Days DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK Scope of Contract Description of Work: This contract requires tree thinning with grapple piling of activity created slash, grapple piling, mastication and related work in compliance with contract terms, specifications, and provisions. Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all technical expertise, equipment, supplies, transportation, labor, incidentals, and supervision--necessary to complete the project, except for that which the task order clearly states is to be furnished by the Government. Project Location & Description Location: All items are located on the Beckwourth Ranger District of the Plumas National Forest. All units are located within the vicinity of Graeagle, California. Approximately 8 miles north of Graeagle, CA past Cromberg, CA and proceed on County Road 509. From County Road 509 take Forest Road 23N08. Take Forest Road 23N08 for about 9-11 miles to project area. Unit Number - Township - Range - Section(s) 83, 83A, 85, T. 23 N. R. 11 E. 30, 31 85D, 85E, 85F 85G, 85H, 85J 62A, 62B, 62C T. 22 N. R.11 E. 9, 10, 11 62D, 62E, 62F, 65B, 61,58A This contract does not describe work locations in detail. The technical contact listed may be called to verify information and to arrange a time to view it if requested. All contract units are accessible with no controls on access at this time. Photocopies of stand cards will be made available, but are available for viewing only if requested. Verbal information-will be available, but will not be considered binding. Description: Please see map for specific locations Boundaries: Grapple Pile: All grapple pile units are designated with yellow and white striped or yellow flagging and white boundary paint, consisting of 3 painted dots aligned vertically or 3 horizontal stripes located at eye level facing into the interior of the unit, along with 2 horizontal sidebars facing the next boundary line tree. Mastication: All mastication units are designated with yellow and white striped or yellow flagging and white boundary paint, consisting of 3 painted dots aligned vertically or 3 horizontal stripes located at eye level facing into the interior of the unit, along with 2 horizontal sidebars facing the next boundary line tree. Hand Thin with Grapple Pile: All grapple pile units are designated with yellow and white striped or yellow flagging and white boundary paint, consisting of 3 painted dots aligned vertically or 3 horizontal stripes located at eye level facing into the interior of the unit, along with 2 horizontal sidebars facing the next boundary line tree. Boundary trees are spaced ~150-200 feet apart. All units are signed with yellow "Boundary of Contract Area" signs with project name and unit number designated. Accessibility: Weather and wet or muddy road conditions may make it necessary to utilize a four wheel drive vehicle to access the units. It is the Contractor's responsibility to reach the work site when it is ready for treatment. The Contracting Officer's Representative (COR) may determine the access routes which will be used. In order to reduce the introduction and spread of noxious weeds, operational equipment and ATVs must be thoroughly cleaned and inspected of all mud and debris before they enter Forest Service land. Pre-Bid Items: Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, or specifications, must request it in writing from the Contracting Officer in a timely manner, which allows a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding. Exclusions Areas: Equipment exclusion zones within RHCAs and SMZs and control areas (heritage resources and botanical resources) shall be identified and delineated on the ground. See Protective Mitigations for specific guidelines. Maps Maps showing the general vicinity and/or specific work areas are attached to this package in Section J. Maps are general in nature and are not to be considered as definitively identifying locations. The winning bidder will be provided a map showing Exclusion Areas/Control Areas. Estimated Start Date & Contract Task Order Time Start: August 29th, 2016 Time: Contract to be completed by October 27th, 2016 (90 days of contract time). Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows: 1. In accordance with the fire plan, included in Section J. 2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous, where continued vehicular travel would cause unacceptable road damage or climatic conditions are unfavorable for continuation of work. 3. Wet Weather Standards shall restrict operations to when soil is dry; that is, soil moisture in the upper 8 inches is not sufficient to allow a soil sample to be squeezed and hold its shape, or will crumble when the hand is tapped. 4. Work shall not be performed before 6:00 a.m., after 6:00 p.m., on Sundays or on Federal holidays. 5. Project Operations Schedule 6. Limiting Operating Periods (LOP): No activity will be allowed during the following LOPs: Units 83, 85 - May 1st - July 31st. Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents). Failure to provide the information will not change the date for starting work, and contract time may begin before the contractor is actually permitted to work. Once contract time begins, the contractor shall provide the documentation within 10 calendar days or 20 percent of the contract time (whichever is less) or the task order may be terminated for default in accordance with the clause governing default (termination for cause). MSPA Card (Form WH510): This contract does require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy. Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance. Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will 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 (See also Section H, Camping Permit Compliance). Technical Requirements Definitions All Green Vegetation: Living vegetation plus but not limited to woody shrubs, grasses and ferns Bucking: Cutting the bole to specified lengths. Co-dominant Tree: A tree with the crown forming the general level of the crown cover (similar in height with other surrounding residual trees) and receiving full light from above, but comparatively little from the sides Competing Vegetation: Refers to any of several woody shrubs and hardwoods with broad leaves that are potential competitors for established residual leave trees that may be encountered in this contract. Crop Tree: A tree without excessive mechanical damage or phonotypical defects, having limited or no insect or disease infestation and which has a live crown ratio of greater than 30%. Normally a live residual tree less than 8" that is considered high quality that is to be retained under the tree quality considerations. Damaged Trees: Any injury or damage caused by the contractor's performance of work exposing the cambium (i.e. the bole, cut limbs in the upper 50% of the tree, cut tops) and/or any conifer buried or partially buried by soil, rock, humus, litter, or slash in the top 50% of the crown of the tree caused by the contractor's performance of work. Potential leave trees, which are uprooted, are also considered damaged trees. DBH: Diameter at Breast Height (4 ½ feet). DRC: Diameter at Root Collar Dominant Tree: A tree with the crown that is above the level of other trees within the stand, which receives full light from above and partial light from the sides Down Woody Material: Any piece(s) of dead woody material, including freshly cut material, dead boles, limbs, and large root masses, on the ground. Hardwood: A tree with broad leaves rather than needles (e. g., oak, aspen, dogwood) Large Down Woody Material: Any log 10 feet long and 18 inches diameter at the material's midpoint, regardless of its state of decomposition. Live Crown Ratio: The proportion of live foliage length to total tree height PAL: Project Activity Level. Scientifically based "decision support system" used to regulate industrial and contractual activities on national forest lands. PAL is designed to reduce the risk of large damaging wildfires. The system is fire danger and climatologically based. Replaces the Sale Activity Level as the standard for when specified activities can occur. Residual/Leave Tree: Any live tree that is to be retained after stand treatment. Residual/Leave trees should be the best formed, largest, healthiest and more vigorous trees in the stand. Slash: The residue left on the ground after logging or other human activities or accumulating as a result of natural processes. Snag: A standing dead tree at least 15" DBH and 20 feet tall. Suppressed Tree: Any tree with less than 30% of its total height in live green crown or with less than 3 inches of current leader growth Technical Specifications: Standards and Guidelines Equipment Specification Standards (Grapple and Mastication): • Be tracked. • Have a boom capable of reaching 15 feet out from the machine. • Capable of working on slopes up to 45 percent. • Not have a ground pressure exceeding 8 pounds per square inch. • Capable of operating within 16 foot spacing without damage to leave trees. Covering of Grapple Piles - All grapple piles shall be covered with a durable waterproof covering as approved by the Forest Service. The material shall be at least six feet in width. Piles shall not be less than fifty percent covered, with the covering extending not less than half way down all sides. Pieces of burnable material shall be placed on top of the durable waterproof covering to keep the covering from blowing off the pile. Bid Item 1 - Grapple Pile (14 Acres) Treatment units dominated by manzanita, ceanothus species, ribes species, Scouler's willow, pine mat manzanita, conifer seedlings and scattered conifer saplings. • Grapple pile trees ≥ 4.5' in height up to 2.0 inches DBH and brush/competing vegetation. • Machinery shall work adjacent and reach into equipment exclusion zones with extendable boom and grapple material within reach to specifications. No piling shall occur within exclusion zones. All grappled material must be removed from and piled outside of the exclusion zone. Unit Acres 85D 4 85E 4 85F 3 85G 3 1. Grapple pile trees ≥4.5' in height up to 2.0" DBH to a residual spacing of 16'X16'. Use all trees ≥4.5 feet in height towards spacing. Do not grapple sugar pine/western white pine unless infected with white pine blister rust. a. Leave trees shall generally be the tallest, healthiest and more vigorous trees free of damage due to insects, disease, physical and mechanical causes. b. Species preferred to retain are sugar pine/western white pine > Jeffrey pine > ponderosa pine >Douglas-fir > red fir >incense cedar> white fir. c. Grapple pile all trees 4.5' in height to 2.0" DBH with a dead top. 2. All brush with a DRC of 1.0 inch and greater shall be uprooted below the root collar and piled with the exception of brush occurring within 1 foot of leave trees ≥4.5' feet in height and areas designated by the COR as not to be treated. 3. Piling shall be accomplished with minimal disturbance to top soil and duff. Brush shall be free of dirt. 4. Grapple piles shall be compact and constructed to promote complete and efficient combustion. 5. Piles shall be reasonably compact and free of soil to facilitate burning and shall be constructed a minimum of 20 feet from trees ≥4.5' in height where feasible or where burning will minimize damage to aforementioned trees. 6. Piles shall be of a height equal to or greater than their width (approximately 15 feet maximum height and 20 feet maximum in diameter). Material may not extend more than 3 feet outside main pile. 7. Material extending three feet or more outside the edge of a pile shall be trimmed. 8. Mechanically created piles shall be placed a minimum of 30 feet apart whenever possible. 9. No piles are to be located on the running surface of roads, road cut-banks, road drainage ditches, sensitive wet areas, or within equipment exclusion zones associated with Riparian Habitat Conservation Areas (RHCAs) and Streamside Management Zones (SMZs). 10. Trees < 2 inches DBH may be grappled and piled to facilitate pile construction. 11. Brush shall be removed to attain a residual level of brush 2 feet in height or with a root collar 1 inch in diameter and greater that is <10%. Bid Item 2 - Mastication (86 Acres) Unit Acres Unit Acres 62A 10 62F 25 62B 1.5 65B 30.5 62C 3.5 62D 12 62E 3.5 • Grind or masticate sapling and pole size conifer trees and snags up to 8.0 inches DBH. • After mastication, stump heights shall be no more than 6 inches high as measured on the uphill side or 6 inches above natural obstacles (e.g. logs, rocks). • Mechanical vegetation treatment shall not occur on restricted slopes above 45% or designated by contract or COR. • Machinery shall work adjacent and reach into exclusion zones with extendable boom and masticate material within reach to specifications. Selection of Leave Trees The contractor shall select the trees to leave. Leave trees shall generally be those of the tallest height, largest crown, and straightest stems that are free of damage due to insects, disease, physical, or mechanical causes. If no healthy undamaged tree exists at the required spacing interval, trees with minor damage may be left. 1. Leave all conifers and hardwoods greater than 8.0 inches DBH. 2. Select leave trees from healthy undamaged conifers and hardwoods under specified maximum 8.0 inch DBH cut limit as necessary to achieve average spacing of 20' X 20' feet. Spacing may be varied up to 25 percent (15' - 25') to select the most desirable tree. However, spacing control using the original guides shall be maintained whenever possible. All residual conifers regardless of size or hardwoods > 2" DBH shall be used toward spacing. 3. If no healthy undamaged tree exists at the required spacing interval, leave tree with minor damage. 4. If no healthy tree with minor damage exists, leave tree with no sign of disease (e.g. mistletoe, white pine blister rust). 5. Species preferred to retain are sugar pine/western white pine > jeffrey pine/ponderosa pine > douglas-fir > red fir > incense cedar > white fir. 6. No hardwoods shall be masticated. 7. No sugar pine shall be masticated unless infected with white pine blister rust. 8. Leave all trees regardless of size with sign of wildlife habitation or use, signed with wildlife, superior tree, or are given special designation through identified tagging. 9. Do not cut any unit boundary tree (white paint). Selection of Cut Trees Cut or masticate all trees up to 8.0 inches DBH that are diseased, crooked, forked, damaged, or suppressed with the exception of trees occurring within 1 foot of leave trees or residual snags. The Contractor shall select cut trees using the following priorities: 1. Diseased Trees - a. All trees up to 4.9" DBH that are infected with dwarf mistletoe. b. All trees between 5.0" DBH and the maximum DBH of 8.0" with dwarf mistletoe infection ratings of 3-6 (See Section J). c. All sugar pine infected with white pine blister rust. 2. Crooked Trees - Sharp crooks in the main bole which are less than 13 feet from the ground and offset more than 3 inches from the longitudinal axis 3. Forked Trees - One or more forks in the live crown, or old dead or broken-out tops of the bole within 13 feet of the ground 4. Damaged Trees - Any tree up to 8.0" DBH with a broken or dead top. Any tree greater than 4 feet tall with one or more of the following injuries: a. Any true fir that has any bark removed from the bole regardless of the amount b. Any species other than true fir that has more than 25% of the circumference of the bark cut to the cambium or removed, or more than 3 openings of any size to cambium occurring during pruning treatment c. Any tree that has greater than 25% of the live limbs or branches broken or removed by this thinning operation Treatment of Competing Vegetation All brush within the work area shall be masticated with the exception of brush occurring within 1 foot of leave trees, snags, or leave logs, and areas designated by the C.O.R. as not to be treated. All brush treated shall be cut within 6 inches of the ground or 6 inches of obstacles (e.g. rocks, down logs) and shall lie within 18 inches of the ground. Avoid masticating pine mat manzanita (generally < 6" in height) when possible. Treatment of Slash and Other Vegetative Debris Except for leave logs described below, slash and other vegetative debris shall meet the following specifications when greater than one foot from any leave log, crop tree, hardwood, or leave snag: 1. All activity created slash (boles or pieces) up to 8.0 inches in diameter shall be masticated. 2. No masticated or cut material shall lean against or be suspended by a leave crop tree. 3. No slash or vegetative debris shall be more than 18 inches deep as measured from the ground level. Treatment of Snags All snags over 8.0 inches in DBH which do not create a hazard to performing work shall be saved. Snags over 8.0 inches DBH creating a hazard to performing work will be masticated only upon approval of the COR. All snags less than 8.0 inches DBH shall be masticated. Treatment of Logs Do not masticate or otherwise damage any down logs greater than 15 inches diameter. Brush or slash occurring within 1 foot of these leave logs may be left untreated. Bid Item 3 - Hand Thin with Grapple Pile (102 acres) Unit Acres 61 28 83 2 83A 6 85 3 85H 3 85J 22 58A 38 • Hand thin trees up to 10.9 inches DBH except those selected as leave trees. Trees less than 2 inches DBH and 6 feet in height may be grappled and piled versus hand cut. All trees 2 inches DBH and greater must be hand cut prior to grapple piling. Selection of Leave Trees The contractor shall select the trees to leave. Leave trees shall generally be those of the tallest height, largest crown, and straightest stems that are free of structural defects (crooks, forks, dead tops, branch brooms, exposed cambium, etc), damage due to insects (bark beetles, defoliators, etc), disease (blister rust, dwarf mistletoe, etc) or mechanical causes. If no healthy undamaged tree exists at the required spacing interval, trees with minor damage may be left. Residual trees shall not be damaged. 1. No aspen, cottonwood, sugar pine/western white pine (SP/WWP) or California black oak shall be cut. Sugar pine or western white pine will be cut if evidence of white pine blister rust exists. 2. Thin conifers trees 2' tall to 10.9" DBH to an average spacing (distance from bole to bole) of 25'X 25'. Spacing may be varied up to 15'-35' to leave the most desirable trees and clumpy appearance. However, spacing control using the original guides shall be maintained whenever possible. 3. Residual/leave tree spacing is measured off all conifers regardless of size and hardwoods > 3" DBH. 4. Buck material to a length not to exceed 6 feet. 5. Cut trees shall have stump heights <6". All live limbs below the cutting point shall be severed flush with the stump. 6. No felled material shall lean against or be suspended by a leave tree. Leave Tree Priorities The contractor shall select leave trees in the following order: 1. Free from insect, disease, or mechanical damage. 2. Healthiest crown/greatest needle retention. 3. Tallest tree. 4. Straightest stem. 5. Preferred leave species: 1. Sugar pine/western white pine (5 needle pines)/California black oak 2. Ponderosa pine/Jeffrey pine 3. Douglas-fir 4. Red fir 5. Incense cedar 6. White fir Leave all trees with sign of active wildlife habitation or use (cavity nests, branch nests, etc.) or are signed with wildlife, superior tree, or are given special designation through identified tagging. Cut Tree Priorities The following trees shall be cut regardless of spacing: 1. All trees between 2 foot tall and 4.9" DBH that are infected with dwarf mistletoe. 2. All trees between 5.0" DBH and the maximum DBH of 10.9" with dwarf mistletoe infection ratings of 3-6 (see Section J). 3. All trees up to the maximum DBH of 10.9" which have be severly defoliated. 4. Any conifer, including SP/WWP, up to 10.9" DBH with a broken or dead top. 5. All dead trees up to 11.0" dbh unless they exhibit signs of active wildlife habitation. Snags over 11.0 inches DBH creating a hazard to performing work will be cut only upon approval of the COR. 6. All SP/WWP with white pine blister rust. Competing Vegetation All brush 1.0" DRC and greater or 2.0 feet in height and greater shall be uprooted, by machine, below the root collar and piled with the exception of brush occurring within 1 foot of leave trees, snags, leave logs and areas designated by the COR as not to be treated. Machinery shall work adjacent to and reach into equipment exclusion zones with extendable boom and grapple competing vegetation and pile outside of exclusion zone. Grapple Piling - All activity created slash, uprooted brush and down woody material 3" diameter on the small end to 15" diameter on the large end and <10 feet in length shall be grapple piled. 1. Piling shall be accomplished with minimal disturbance to top soil and duff. Brush shall be free of dirt. 2. Grapple piles shall be compact and constructed to promote complete and efficient combustion. 3. Do not grapple pile or otherwise damage any down logs greater than 15" diameter on the small end. Brush or slash occurring within 1' of these leave logs may be left untreated. 4. Piles shall be reasonably compact and free of soil to facilitate burning and shall be constructed in areas where burning will not cause damage to the crowns or stems of residual trees. Where feasible piles should be a minimum of at least 25 feet from the drip line of residual trees. 5. Piles shall be of a height equal to or greater than their width (approximately 15 feet maximum height and 20 feet maximum in diameter). Log material may not extend more than 3 feet outside main pile. 6. Material extending three feet or more outside the edge of a pile shall be trimmed. 7. Mechanically created piles shall be placed a minimum of 40 feet apart whenever possible. 8. No piles are to be located on the running surface of roads, road cut-banks, road drainage ditches, sensitive wet areas, within equipment exclusion zones of Riparian Habitat Conservation Areas (RHCAs) and Streamside Management Zones (SMZs), or on down logs not to be piled. 9. If piles cannot be located to meet residual tree damage restrictions or locations, upon the Contractor's request, the COR may designate locations for the contractor. Protective Mitigations Site Specific Protection Measures: Maps identifying these features will be made available to the Contractor prior to any starting any work. Historic Control Area Protection Measures: Boundaries are designated with red/black stripe flagging (may fade to orange/black after time). Sites may have 3"x4" tags with (CA) written on them. All sites will be avoided by all project operations. Botanical Resource Protection: Boundaries are designated a combination of blue/black and red/black striped flagging with a red circular tag. All sites will be avoided by all project operations. All off-road equipment will be washed prior to entering the Forest in accordance with the USFS protocol to prevent the unintentional spread of noxious weeds. Staging of equipment will be done in weed free areas. Also, equipment operating in areas known to be infested with noxious weeds will be washed prior to leaving the infested area. If new occurrences of noxious weeds are identified during treatment implementation, equipment used will be washed prior to leaving an infested area. Cave Resource Protection Measures: MINING CLAIMS - Protect monuments and improvements in contract area. Riparian Habitat Conservation Areas (RHCA)/Streamside Management Zones (SMZs): Equipment Exclusion Zones: Mechanical equipment will be excluded from the following areas: • Fish-Bearing Streams - There are no fish bearing streams that affect operations within these contract units. • Perennial Streams- will have a 150 foot RHCA with an interior 50 foot no equipment exclusion zone. • Ephemeral and Intermittent Streams - show a definite stream channel with scour and deposition. Shall have a 100 foot RHCA with 25 foot interior equipment exclusion zone. • Stream Management Zones - shall have a 50 foot RHCA with have a 25 foot interior equipment exclusion zone. Equipment exclusion zones shall be delineated with blue and white stripe flagging. Wildlife Resource Protection: Trees with nests or other active wildlife habitation or use will be retained. Nest boxes, guzzlers, and cattle fences are known to exist in the contract area in units 18, 18D, 26A, 28, and 34A, and will not be damaged or removed during operations. Contractor-Furnished Equipment and Supplies The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government. Government-Furnished Property GIS unit shape-files will be provided at the request of the Contractor. Public Safety If tree falling or mastication work is being done within 300 feet of the designated road system, then signs warning travelers must be posted on the ingress and egress of the work area Warning signs shall be posted and visible from all directions at the edges of work units along roads while working to alert oncoming traffic of the safety hazards associated with this operation. Salvage Rights None. Road Maintenance Designated access routes require no road maintenance by the Contractor. All roads shown on contract maps shall be left in the original condition existing prior to the commencement of work on this contract. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage, at the Contractor's expense. Slash may not be left in the roadways, as this would pose a hazard to damaging vehicles. Work Methods and Standards The contract crew(s) shall work through each unit in an organized fashion, and complete all required work in each unit before beginning work in another unit. All work areas within the boundaries shall be treated except protected areas designated with pink and black checkered or blue & white stream course protection flagging. Land survey corner monuments, bearing trees, and witness markers shall be protected from damage. Damage to roads, culverts, fences, land survey monuments or other improvements caused by this operation shall be restored to their condition prior to damage at the Contractor's expense. The entire work area shall be treated unless specific portions are exempted in writing or designated on the ground by the Contracting Officer's Representative. Exempt areas (larger than 1/2 acre) shall not qualify for payment. INSPECTION AND ACCEPTANCE FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://acquisition.gov/far/ FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.246-4 Inspection of Services--Fixed-Price (AUG 1996) Quality Control Plan - The Contractor shall conduct inspections on all units in accordance with his/her Quality Control Plan (QCP). The Contractor's Quality Control Plan shall be submitted and accepted by the Government prior to any work starting. Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request. Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government. Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor. Disputed Inspection. The Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within five working days after receipt of the contractor's written request. The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent. If re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used. If the re-inspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the re-inspection. Re-inspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Re-inspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final. Government's Inspection System Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be: [X] 1/10th, 1/20th or 1/50th acre. Visual Inspection may be used in-lieu of plots Specific Inspection Procedures Hand Thinning with Grapple Piling: - Selection of leave trees - Damage to leave trees - Treatment of competing vegetation - Treatment of existing dead and downed material - Amount of downed material retained - Amount of soil disturbance - Pile placement (relative to existing vegetation, RHCA zones) - Pile construction, compactness, and covering with heavy duty paper/plastic - Amount of soil in piles - Stump height Mastication: Each plot will be examined and the findings recorded, as listed below: - Spacing and density of leave trees - Quality of selected leave trees - Mastication of competing vegetation - Average residual material piece size - Retention of snags and downed material - Stump height - Depth of masticated material Grapple Pile: - Treatment of competing vegetation - Treatment of existing dead and downed material - Amount of downed material retained - Amount of soil disturbance - Pile placement (relative to existing vegetation, RHCA zones) - Pile construction, compactness, and covering with heavy duty paper/plastic - Amount of soil in piles Acceptance Acceptance Level Work on this contract will be deemed acceptable when the above measurable performance standards are met. Quality Assurance Plan Government Quality Assurance Plan The Government will conduct inspections of each unit to determine work quality. Initial inspections will consist of a 100 percent visual inspection and will be based on adherence to the specific tasks listed in the contract. The Government will also install a series of circular plots. Plots will be randomly located throughout each sub-item to obtain a representative sample of the work. Plot size is 1/10th, 1/20th or 1/50th. Hand Thinning with Grapple Piling: Each plot will be examined and the findings recorded, as listed below: a. Spacing and density of leave trees b. Quality of selected leave trees c. Removal of competing vegetation at root crown d. Piling of removed material and existing dead and downed material e. Retention of snags and downed material f. Pile placement (specified distances) and location (i.e. away from residual trees, roads, streams, etc.) g. Pile height and diameter and compactness h. Stump height i. Covering Piles (covering fine debris and securely anchored) Grapple Piling a Removal of competing vegetation at root crown b. Piling of removed material and existing dead and downed material c. Retention of snags and downed material d. Pile placement (specfied distances) and location (i.e. away from residual trees, roads, streams, etc) e. Pile height and diameter and compactness f. Stump height g. Covering Piles (covering fine debris and securely anchored) Mastication: Each plot will be examined and the findings recorded, as listed below: a. Spacing and density of leave trees b. Quality of selected leave trees c. Mastication of competing vegetation d. Average residual material piece size e. Retention of snags and downed material f. Stump height g. Depth of masticated material After inspection of all plots for a unit, the quality shall be calculated as follows: (Total Number of acceptable plots) ----------------------------------------- X 100 = Performance Quality Percent (Total Number of plots) Performance Quality below 90% will be deducted from payment or reworked at contractor's expense (See Payment clause). When inspection results are below 90 percent, and erosion control specifications constitute any part of the deficiency, payment will not be made until the deficiency has been corrected by the Contractor. Re-inspections, after rework, will be made in the same manner as the first inspection, but on different plot lines. The Contractor shall pay for inspections necessitated by the rework. Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request. Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government. Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor. Disputed Inspection. The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request. The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent. If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used. If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection. Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final. DELIVERIES OR PERFORMANCE FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.242-14 Suspension of Work (APR 1984) AGAR 452.211-74 Period of Performance (FEB 1988) Performance Period Time on this contract begins August 29st, 2016 (anticipated date of award) and shall last thru October 27th, 2016 (90 days of contract time), unless days are added by the CO. All work shall be performed and completed within the time period identified in the contract which extends thru two operational field periods. Work Timing The Contractor shall begin work within Five (5) calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame: Item No. Estimated Start Work Date Contract Time (Calendar Days) 1 - 3 August 29, 2016 90 days Failure to begin work on schedule will make the contract subject to immediate termination for default. Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one sub-item before proceeding to another. If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently. Work Days The actual performance time needed to complete this contract will be listed in the solicitation and includes weekends (excluding Federal holidays, adverse weather, unworkable ground conditions, and subject to Section J Fire Plan restrictions). In order to ensure timely completion, the contractor shall begin work within 5 days of award and be within the operational period for when work is generally completed, or show cause why the contract should not be terminated in accordance with the default clause -52.249-10. Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time. CONTRACT ADMINISTRATION DATA Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer. Notice to Proceed. A. No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed. Measurement Methods of Measurement. Acreage was measured on a horizontal plane using a Global Positioning System. Re-measurement. Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities, when the units are acres or any linear measurement in feet. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done with two people using a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities. Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below: Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent. Contract Release. The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15). RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments: The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. "Behind schedule" means that the percentage of work completed is less than the percentage of time used. Contract Release. The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15). Invoices. Payment will be made from submitted Contractor's invoice thru the Invoice Processing Platform (IPP). GOVERNMENT-FURNISHED PROPERTY NONE SPECIAL CONTRACT REQUIREMENTS Emergencies Fire Plan 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. Silviculture Projects - 70 meters around the perimeter of the unit being worked in. Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language. 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 historic or prehistoric sites, buildings, objects, and properties related to American history, architecture archaeology, and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 432,433) National Historic Preservation Act of 1966 (16 U.S.C. 470) and implementing regulations (36 CFR 800), the American Indian Religious Freedom Act, and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e) shall be identified on the ground by the Forest Service with blue and black stripped flagging. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party. Contractor shall protect Controlled Areas flagged on the ground in blue and black flagging, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. Contractor shall immediately notify Forest Service if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until Forest Service authorizes Contractor to proceed. If such damage is negligently or willfully caused by Contractor's operations, Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law. Safety When Contractor's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install and maintain all temporary traffic controls, which provide the user with adequate warning of, hazardous or potentially hazardous conditions associated with Contractor's operations. This may require the use of flag persons in addition to signing or other methods of warning. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). 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 equipment such as ATVs or chippers; it does not include service vehicles, 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. Employment of Eligible Workers a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers 1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm. If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm. Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law. 2. Definitions a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa ("H-2B worker") may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed. b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis. i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. ii. An overnight absence from the migrant workers permanent place of residence is required. iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes: • Spouse • Children, stepchildren, or foster children • Parents, stepparents, or foster parents, or • Brothers and sisters c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker. 3. Registration Requirements a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application. b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm. 4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor's responsibility to ensure the Subcontractor's information is provided to the Contracting Officer. 5. Worker Protections a) Worker Information Posters i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site. ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period. b) Personal protective equipment: i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI). ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment. iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes: • Head Protection • Hearing Protection • Eye/Face Protection • Leg Protection • Foot Protection • Hand Protection iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition. v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations. Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet. (Contracting Officer - only include those applicable to your project.) • MSPA - Forestry Working Conditions Checklist • Manual Logging activities: https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html • General Machine and Vehicles Logging activities: https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html • Manual Tree Planting • Spraying • Firefighting c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act. 6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm. a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage. b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer. 7. Transportation a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee. b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, driver's licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers. 8. Housing a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act. b) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled "452.236-72 Use of Premises" in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval. i. Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained. ii. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads. iii. 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. Structures or improvements the contractor fails to remove within the 10 calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site. iv. Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted. v. Damaging or removing any natural feature or other property of the Forest Service is prohibited. vi. Servicing of equipment in the campsite is not permissible unless the campsite is within the project area. vii. Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items. viii. Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes. ix. Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition. x. Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind xi. Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid. The basic supplies must include: • Gauze pads (at least 4x4 inches) • Two large gauze pads (at least 8x10 inches) • Box adhesive bandages (band-aids) • One package of gauze roller bandage (at least 2-inches in width) • Two triangular bandages • Scissors • At least one blanket • Tweezers • Adhesive tape • Latex gloves, and • Resuscitation device such as resuscitation bag, airway, or pocket mask. xii. Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water. xiii. Dispose waste water away from living and eating areas and in such a way that minimizes pollution to lakes, streams, and other flowing water. xiv. The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service. xv. If authorized to have an open fire, the Contractor shall comply with the following fire regulations: • A shovel, axe or Pulaski, a 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 one 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 in 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. c) Include the instructions below, Representations, certifications, and other statements of offerors or respondents. Contractors are required to provide certification of employment status as part of their representations, certifications, and acknowledgements. Employment of Eligible Workers Workforce Certification Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL. Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation. (Place X next to which ever applies) H-2B Workers: (http://www.foreignlaborcert.doleta.gov/) __ Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation. __ Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/) __ Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation. __ Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes: Transporting workers __ Driving __ Housing workers __ Company has applied for certificate of registration on ______________. Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a certificate prior to award of contract. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration. State of ______________ No.______________ Information about licensing requirements and procedures may be obtained from the following: I, on behalf of said Company, certify to the above responses. _________________________ _______ (Signature) (Date) __________________________ ____________________ (Printed Name) (Title) Please refer to FSH 6309.32 4G22 for additional guidance. AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work referenced in Section J. AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996) a) A post award conference with the successful offeror is required. It will be scheduled within 2 days after the date of contract award. The conference will be held at: LTBMU, 35 College Dr. South Lake Tahoe, CA. (b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the pre-work conference. AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately. Controlled areas requiring protection are shown on the Project Map and are identified on the ground with (provided upon award) flagging. No treatment will occur within areas identified with _____ tags and _______flagging. Several of these areas exist throughout the project area and will be provided to the contractor on an additional project map. Vehicles and people shall keep off of these sites. The Contractor shall protect all known and identified historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture against destruction, obliteration, removal or damage during the Contractor's operations. The Contractor shall bear costs of restoration in accordance with 36 CFR 296.14 (c), provided that such payment shall not relieve the Contractor from civil or criminal remedies otherwise provided by law. If new heritage resources are identified during project activities, all work shall stop in that area until the District Archaeologist assesses the situation. Occurrences of Threatened, Endangered, or Sensitive (TES) plant species will be flagged with __(provided upon award)__ striped flagging and shall be avoided. Any new occurrences of TES plant species discovered before or during ground-disturbing activities (ie piling) will be protected through flag and avoid methods. Noxious weed infestations will be flagged with (provided upon award)____ flagging with the words "Noxious Weeds" printed on it and shall be avoided. Any new occurrences of noxious weed infestation discovered before or during ground-disturbing activities (ie piling) will be avoided. All off-road equipment would be weed-free prior to entering StanislausNational Forest. Staging of equipment would be done in weed-free areas. AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996) A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). B. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer. AGAR 452.237-74 KEY PERSONNEL (FEB 1988) (a) The Contractor shall assign to this contract the following key personnel: Supervisor Foreman (b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions. (c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualififcations to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel. LIST OF ATTACHMENTS The following attachments are made a part of this solicitation and any resultant contract and are included below. Title Pages Forest Vicinity Map - Exhibit 1 1 Project Area Map - Exhibit 2 1 Item 1 Map - Exhibit 3 1 Item 2 Map - Exhibit 4 1 Item 3 Map - Exhibit 5 1 Item 3 Map Cont. - Exhibit 6 Item 1 Item 3 Map Cont. - Exhibit 7 1 Decay Classes - Exhibit 8 1 Mistletoe - Exhibit 9 1 Fire Plan - Exhibit 10 9 GOVERNMENT CONTRACT CONTACT: Craig A. Ericson. Hhe may be contacted at cericson@fs.fed.us or (530) 478 6142. SUBMISSION OF QUOTES: The response date is August 12, 2016 before time: 2:30 pm. PST. Quotes may be: (1)Emailed to Craig A. Ericson, cericson@fs.fed.us, it is the contractor's responsibility to obtain confirmation receipt. Contact Craig A. Ericson (530) 478-6142 delivery receipt. Delivery via Facsimile to: 530-478-6126. (2) Quotes may be mailed/hand carried to Tahoe National Forest, attention: Craig A. Ericson, Contracting Officer to the following address: 631 Coyote Street, Nevada City, CA 95959. WD 77-0727 (Rev.-49) was first posted on www.wdol.gov on 01/05/2016 Forestry and Land Management Services ********************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 | | Daniel W. Simms Division of Wage | Wage Determination No: 1977-0727 Director Determinations | Revision No: 49 | Date Of Revision: 12/29/2015 ---------------------------------------------------------------------------------- Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the 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 $10.15 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 2016. 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: California Area: California Statewide ---------------------------------------------------------------------------------- **Fringe Benefits Required Follow the Occupational Listing** Employed on service contracts for forestry, land management, the cleaning of public use areas and timber inventory services. OCCUPATION CODE - TITLE FOOTNOTE RATE 08010 - Brush/Precommercial Thinner 15.14 08040 - Choker Setter 15.90 08070 - Faller/Bucker 33.86 08100 - Fire Lookout 15.14 08160 - Forestry/Logging Heavy Equipment Operator 17.95 08190 - Forestry Technician 16.84 08200 - Forestry Truck Driver 18.21 08250 - General Forestry Laborer 14.83 08280 - Nursery Specialist 21.00 08310 - Slash Piler/Burner 15.14 08340 - Tree Climber 17.00 08370 - Tree Planter 13.48 08400 - Tree Planter, Mechanical 13.48 _____________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 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 4.174) ** 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 bonafide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** NOTES APPLYING TO THIS WAGE DETERMINATION ** Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), Dated, September 2014, unless otherwise indicated. 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 (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es)of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(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 the 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, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)). 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 ensure 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. CAPABILITY INFORMATION CONTRACTOR NAME, ADDRESS AND TELEPHONE NUMBER: 1. LIST RELATED EXPERIENCE: 2. LIST REFERENCES (NAME AND PHONE NUMBERS) FOR THE LAST 3 YEARS: NAME, ADDRESS & PHONE NUMBER OF PERSON TO CONTACT TYPE OF PROJECT DATE CONTRACT AMOUNT 3. LIST ALL OF YOUR FIRM'S CURRENT CONTRACTUAL COMMITMENTS CONTRACT AMOUNT TYPE OF PROJECT DATE PERCENT COMPLETE NAME, ADDRESS & PHONE NUMBER OF PERSON TO CONTACT FOR INFORMATION 4. ORGANIZATION AND PERSONNEL THAT WILL BE AVAILABLE FOR THIS PROJECT: 5. SPECIFY EQUIPMENT AVAILABLE FOR THIS PROJECT/ SPECIFY PROGRESS RATE FOR THIS PROJECT. 52.212-2 Evaluation-Commercial Items (Oct 2014) (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: Technical Past Performance Price Technical and past performance, when combined, are approximately equal to cost or 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. PROVISIONS AND CLAUSES: (a) The contractor shall comply with the following FAR clauses (current revision) which are incorporated in this contract by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items: (full text of all provisions and clauses to be found at: http://acquisition.gov/comp/far/loadmainre.html ) The solicitation document and incorporate provisions and clauses are those in effect through Federal Acquisition Circular 2005-089, effective July 14, 2016. 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Jun 2016) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (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: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). __X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside orSole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. _X__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2015) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). __X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.) ___ (35) (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.) ___ (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.) ___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (48) 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). ___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (54) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (55) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (58) (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). ___ (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) __X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). __X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 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, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (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), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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. 52.212-3 Offeror Representations and Certifications--Commercial Items (Jul 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The offeror represents that- (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that-- (i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code ______(or mark "Unknown). Predecessor legal name: _________________________. (Do not use a "doing business as" name). AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law - Fiscal Year 2015 Appropriations and Beyond (Deviation 2015-01) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidate and Further Continuing Appropriations Act, 2015 (Pub.L.113-235), none of the funds made available by this or any other act may be used to enter into a contract with any corporation that - (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interest of the Government. (b) The Offeror represents that - (1) It is [ ], is not [ ] (check one) a corporation that has any unpaid Federal liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collection the tax liability, (2) It is [ ], is not [ ] (check one) a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (end of provisions) Name of Company Name of Company Representative (print) Signature of Representative Duns No: Date:
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USDA/FS/9A63/AG-9JGP-S-16-0148/listing.html)
Place of Performance: Address: Plumas National Forest, Beckwourth Ranger District, Graeagle, California, 96103, United States; Zip Code: 96103
Record: SN04207740-W 20160805/160803235234-70b81352e99ae167abf47377d0d4e352 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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