A05_PWS_NW_OR_WEW_Mowing_Services.pdf

PERFORMANCE WORK STATEMENT

Fuels Reduction Mowing Services

Northwest Oregon District

1.0 INTRODUCTION:

This PWS identifies the types of related technical services and activities that may be requested and are to be furnished in support of the Department of the Interior (DOI) missions pertaining to Fuels Management on DOI managed land. Provided in Section 3.0, Scope, are the types of fuels management services that may be performed or worked on under this contract.

2.0 BACKGROUND

The U.S. Department of the Interior agencies require fuel reduction services to support the fuels management program. Fuels management services and vegetation treatments have been proven as a means to mitigate wildfire hazards, to lessen catastrophic fires, lessen the threat to public and firefighter safety, and reduce damage to property. The objective of fuels management is to modify wildland vegetative fuel so when a wildfire burns, it is less severe and can be more easily suppressed.

Project areas are located in shrub fields, grass areas, woodlands, upland prairies, and wetland prairies in the Willamette Valley. Fuels shall consist of natural fuels, live fuels, and slashed shrubs and trees. Historical fuel loadings range from less than ½ ton per acre to as high as 100 tons or more per acre. Treatments such as mowing and fuel break construction have been shown to reduce the risk of wildland fire and the severity of fires that occur. The objectives of the resultant contract, base period and four option periods, are to treat fuels present on units identified in order to modify fuel to reduce the risk of and the severity of wildfire.

3.0 SCOPE OF WORK

The services in this contract are designed to provide for wildland fuels management, habitat restoration and related services. Awards issued under the contract may require vegetation manipulation for prescribed fire treatment unit preparation in compliance with its terms, specifications and provisions. Estimate 300 acres of mowing annually.

Services conducted under the awards shall include furnishing all labor, supervision, transportation, operating supplies, and incidentals to perform all work necessary to conduct fuels management. The category of support included in this contract is mechanical fuel management. Listed below are the mechanical fuels management available under this contract.

3.1 Mechanical- includes the following:

3.1.1 Mowing Services

At a minimum, the Contractor shall have the following equipment available, or confirm that it can be rented within one week, in safe and good operating condition. Contractor’s equipment shall be free of weed seeds, soil, mud, or other foreign material and shall be available for work assigned under the terms of this contract.

1. Tractor. JD 3000 series or equivalent, minimum 40hp, fully enclosed cab. Tractor shall meet legal requirements for driving on improved streets and have four-wheel drive.

2. Required mowing attachments. Tow-behind flail mower with fully adjustable height down to 3.5 inches and up to 10 inches off ground surface. Mowing head shall be capable of mowing a minimum of an 8-foot swath in one pass.

3. Preferred mowing attachments. Tow-behind batwing-style rotary mower. Mowing head shall be capable of mowing a minimum of an 8-foot swath in one pass.

Northwest Oregon District Mowing Services

RFQ 140L3724Q0059

4. Contractor shall provide all fuel, lubricants, materials, and supplies necessary for tasks and shall provide any maintenance required contractor provided equipment.

5. All required equipment to support work during ODF Fire Season, including water tanks, pumps, hose, trailers and any other needed equipment.

6. All work practices, equipment, personnel and protective equipment must be in accordance with ANSI Z133.1 safety standard.

The COR will provide desired future conditions for each unit as the Contractor makes progress through the site. In general, the prescription is as follows:

a) Do not operate machinery within 6 feet (radius) of federally‐listed plants during the growing season of the federally‐listed plants (generally February to August).

b) To the extent possible, conduct mowing activities during times of low soil moisture (<25%).

Equipment shall not expose bare soil or leave visible ruts or indentations under normal operating conditions.

c) Make all reasonable attempts to save large, native shrubs such as hazel and osoberry that are found in the forested areas. Do not mow down areas dominated by native shrubs in order to remove individual or small clumps of blackberry or other invasive species.

d) Leave shrubs in ‘clusters’ as opposed to evenly spaced on the landscape.

e) Do not damage retain trees.

f) On sites with Fender’s blue butterflies, do not mow with tractor mowers in the spring. After the butterfly flight season, but before Kincaid’s lupine senescence (generally June 30 through August 15), tractor mowing may occur no closer than 6 feet from the nearest Kincaid’s lupine plants. Tractor mowing may be conducted throughout sites with Fender’s blue butterflies after Kincaid’s lupine senescence and before lupine re‐emergence (generally August 15‐March 1). Mow to a height of at least 6 inches or greater to reduce impacts to butterfly larvae.

g) Do not mow within ground‐nesting and other key bird breeding areas during the nesting season (generally April 15‐July 15). If streaked horned larks are found to be nesting, a buffer will be created around breeding pair(s) or until August 10.

h) To the extent possible while achieving other objectives, avoid mowing over ant mounds.

Prairie Mowing: Mowing in wet and upland prairie areas to maintain and enhance habitat for T&E (Threatened and Endangered) species, control invasive species, and control the encroachment of woody vegetation. Generally mowing in these areas occurs after plant senescence (August 15th). COR to provide unit maps at pre-work outlining areas to be treated and areas of special concerns. Vegetation shall be mowed to 6-8 inches.

Firelines: Mow 24-30 ft wide buffer around the perimeter of units planned for controlled burning. Mow buffer areas for T&E species and other areas of special concern where needed. COR to provide unit maps at pre-work outlining areas to be treated and areas of special concerns. Vegetation shall be mowed to 6-8 inches. Mowing firelines generally occurs after plant senescence (August 15th).

Roadside Compliance Mowing: BLM managed lands located within the city of Eugene are subject to compliance with Eugene City Code 6.815-6.845. Per city code, the first round of compliance mowing shall be completed by June 15th. Subsequent mowing may be required between June 15th and September 30th to maintain desired conditions. COR to provide unit maps at pre-work outlining areas to be treated and areas of special concerns. Mow 15-30 ft buffers along roadsides and sidewalks where possible. Vegetation shall be mowed to 6-8 inches. Grass clippings shall be cleared from streets or sidewalks. Vegetation shall be cleared around road signs, gates, fire hydrants, and other infrastructure. Typically, roadside mowing occurs on 16 to 20 acres and there are two to three rounds of treatments during the growing season.

4.0 LOCATION OF PROJECTS

Work shall be performed on the Department of the Interior agency lands in the Northwest Oregon District as outlined in the geographic map-Attachment 1. The specific location of individual projects shall be provided with each award.

5.0 BOUNDARIES OF PROJECT AREAS

The project areas are generally identifiable by changes in vegetation, roads, paint, flagging, or through geographical information systems (GIS) data. The boundaries can be adjacent timber stands, recent harvest units, or other natural or manmade features that clearly define the boundary as noted on the project area maps or PWS documents. Work may require the Contractor to have global positioning system (GPS) capabilities in order to identify treatment areas and/or project boundaries. The Government will provide shape files or track logs electronically (via email or at the pre-work meeting) to the Contractor. Track logs will identify treatment unit boundaries and treatment islands with the project area boundary. It is the responsibility of the Contractor to upload the shape files to the GPS equipment and provide any technical support for problems with Contractor owned equipment.

6.0 ACCESS TO PROJECT AREAS

Access is by all-weather and seasonal roads. Seasonal roads may be impassable for several days after heavy rains or snow- blocked during the winter months. Tracked mechanical equipment is not permitted on rocked, oiled or paved roads.

Contractors accessing project areas via private land shall obtain permission from the landowner to travel over private lands before proceeding to start work on any project unit accessed through private land. The Contractor shall provide the Government a written statement or written documentation of verbal approval given by a named person on a stated date and time that the Contractor has been granted permission to travel over private lands.

Road Gates - Some project units are beyond locked gates that may require a key for access. The Contractor for each project unit shall lock gates with locks immediately after entry or exit. If government provided keys need to be issued to the Contractor for access, Form DI-105, Receipt for Property, shall be signed by the Contractor at the responsible land management office. Final payment will be made once the keys are returned to the Government.

Sequence of Work - The sequence of work will be determined by the COR at the pre-work conference and may be subject to change. Certain project units may be designated as higher priority units, which shall require an earlier completion than other contract units.

7.0 UNIQUE FEATURES OF PROJECT AREAS

Standing timber, wildlife trees and snags may be present within the project sites. Research plots, cultural sites, threatened and endangered species locations, and other similar areas of concern may be located within the project sites and shall not be disturbed during project activities. Please see Section 45.0

Special Requirements and Section 46.0 U.S. Fish and Wildlife Service Biological Opinions for additional information. These areas shall be identified on award maps and in the field by the Government.

8.0 FIRE PREVENTION AND LIABILITY

The Contractor may be held liable for all operator fire starts under the specific award. State and local fire prevention laws may exist and must be followed by the Contractor, unless written direction is provided by the Contracting Officer. The award may have additional site-specific prevention stipulations. Please see Section 47.0 Fire Danger Season for additional information. All awards shall at a minimum require:

8.1 Operate all internal and external combustion engines on federally managed lands pursuant to

36 CFR 261.52 (Attachment 5), which requires all such engines to be equipped with a qualified spark arrester that is maintained and not modified.

8.2 Carry shovels, water, and fire extinguishers on all equipment and vehicles. Fire extinguishers shall be that are rated at a minimum as ABC - 10 pound. on all equipment and vehicles.

8.3 Have means of communications with the Contracting Officer Representative (COR) or

Project Inspector (PI).

8.4 Initiate fire suppression actions in the work area to prevent fire spread to or on federally administered lands.

8.5 Notify the appropriate dispatch center or 911 immediately of the location and status of any unplanned ignition.

8.6 Notify the COR and Contracting Officer immediately of the incident.

9.0 CONTRACTOR FURNISHED PROPERTY AND SERVICES

Unless otherwise specified herein, the Contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described herein.

9.1 Crew Requirements

A. The Contractor shall always maintain an adequate work force to ensure timely completion of the work.

B. At the pre-work conference, the Contractor shall designate one English-speaking supervisor, who is knowledgeable and experienced in the required work, for each crew. Any changes in supervisory designations must be submitted in writing to the COR at least 24 hours prior to the change taking effect.

C. The person designated by the Contractor as supervisor must perform in that capacity. The supervisor must, therefore, effectively direct the crew by making periodic inspections of the crews' work and advising them of any discrepancies found in the work that deviate from the specifications and by providing instructions for correcting any improper work. Any group of people without such an individual will not be considered a crew.

D. The designated supervisor shall be present at the work site each workday. If the supervisor is not present, the crew will not be permitted to work.

E. The supervisor shall know the requirements of the contract including technical requirements and unit locations. The COR or any Government representative will not act as a supervisor to the crew.

10.0 WORK CAMPS

Camping on agency-administered lands shall only be allowed in approved sites and with the prior written authorization of the responsible land manager. Should such a work camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. All fire regulations and permits shall be followed. All garbage and refuse shall be removed from the camp site(s) by the Contractor and disposed of off-site before final payment is made.

11.0 OPERATING PERMIT - State law requires inspection and permit to operate power-driven machinery including chain saws. The Contractor shall obtain a permit from the local State Forestry Office prior to the operation of power-driven machinery.

12.0 SECURITY OF MATERIALS

The Contractor may leave its equipment and Government-furnished property at the work site. The Contractor shall be responsible for the Contractor's equipment and Government-furnished property if it should be lost, stolen or damaged.

13.0 NOXIOUS WEEDS

Insure that all equipment is cleaned off prior to operating on Government lands. Remove all dirt, grease, and plant parts that carry noxious weed seeds or vegetative parts. This may be accomplished with a pressure hose. In addition, if equipment is found operating in a noxious weed area, the equipment must be cleaned before leaving project or moving to another area in location identified in the award and by the

COR.

14.0 SUPERVISOR

A working (English literate) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress, If the crew is non-English speaking, the supervisor shall be bi-lingual in English and the language of the crew members.

15.0 PERSONAL PROTECTIVE EQUIPMENT (PPE)

15.1 The Contractor shall furnish personal protective equipment (PPE to crew members respective of the type of work being completed (i.e. hard hat, eye and hearing protection, leather gloves, saw chaps, etc. for chainsaw work,).

15.2 The contractor shall train workers in the safe operation and use of equipment that will be used and to all workers using such equipment. Occupation Safety & Health Administration (OSHA) standards PPE shall be followed, link to OSHA PPE Standards.

15.3 PPE shall be contractor provided, including personal protective equipment for eyes, face, head, and extremities. PPE shall be used and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

15.4 Defective or damaged PPE equipment shall not be used and shall be repaired or discarded.

16.0 GLOBAL POSITIONING SYSTEM (GPS)

GPS equipment shall be required for this contract; equipment must have an accuracy of +/- 10 meters and be capable of accepting/uploading shape files or track logs.

17.0 GOVERNMENT-FURNISHED PROPERTY (GFP)

The Government shall furnish equipment (GFE) and government furnished supplies (GFS) as appropriate..

Examples of GFE may include Threatened and Endangered Species information, cultural survey information, reporting formats, maps, photos, dribblers, chains, and appropriate appurtenances.

All Government furnished equipment and supplies, hereinafter referred to as Government-furnished property (GFP), shall be picked up by the Contractor at the location designated in the award for supplies and signed for on Receipt for Property Form (DI-105) or Report of Transfer or Other Disposition or Construction of Property Form (AD-107) by the Contractor or Contractor's authorized representative. The Contractor shall return all GFP within 24 hours from final acceptance of project completion. At time of return, the Contractor shall furnish the COR with an inventory of property being returned. The Contractor shall be responsible for any shortages or damage to GFP.

18.0 SAFETY PLAN

The Contractor shall provide a copy of their safety plan. The Safety Plan shall be available to all https://www.osha.gov/SLTC/personalprotectiveequipment/standards.html https://www.osha.gov/SLTC/personalprotectiveequipment/standards.html employees and subcontractors working on the contract. The Safety Plan should cover at a minimum:

A. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract.

B. Personal Protective Equipment required for the work under the contract.

C. Appropriate OSHA requirements for the type of work under the contract D. Weather considerations for the time of year of the contract.

E. Communication issues and locations of the nearest medical facilities to the job site.

F. Emergency numbers to contact if an accident happens.

19.0 WORK PLAN

The Contractor shall provide a work plan for the requirement. Work plan shall be specific to the requirement. The work plan is the Contractor's overall estimate for the completion of the requirement and shall include the following:

19.1.1 Date of commencement of work and any necessary revision to the Government's requested schedule of performance.

19.1.2 Basic information/background and or purpose of business.

19.1.3 List of Equipment to be used on this project. Include make, model, and year of equipment.

19.1.4 List of who will be performing the work with brief resume and responsibilities.

The Contractor's Work Plan is subject to review by the Contracting Officer and COR.. Revised work plans submitted by the Contractor are subject to review and approval by the Contracting Officer.

20.0 QUALITY ASSURANCE PLAN/INSPECTION

The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The Government shall inspect completed units as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with requirements of contract specifications.

All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during contract performance. The Government will inspect units within 14 calendar days of receipt of the Contractor’s request for inspection, unless weather limits access, site is covered in snow, or other act of god prevents a quality inspection. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

Inspections shall be made on a series of 1/40th acre (18.625 feet radius) plots located at predetermined intervals across each work unit. Sufficient plots shall be taken to obtain at least one percent sample the work unit.

Each inspection plot shall be subdivided into four quadrants based on cardinal directions. Each quadrant shall be evaluated for compliance with all contract specifications as stated in Section C that pertains to that individual treatment. If two or more quadrants fail to comply, the work on that plot will not be accepted for payment.

20.1 WORK QUALITY PERCENTAGE

Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory plots divided by the number of plots inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

Example: Number of plots inspected 25 Number of satisfactory plots 23 23 divided by 25 .92 Work Quality Percentage 92 percent

20.2 ACCEPTABLE QUALITY LEVEL

Acceptance of work shall be based on compliance of work that correspond to the treatment. A minimum basic quality of 90 percent is required.

20.3 UNSATISFACTORY WORK

If the work quality falls below 90 percent, the COR shall immediately notify the CO and the Contractor in writing. The CO, COR and Contractor shall meet and discuss the unsatisfactory work and how to resolve any issues to bring the work back to an acceptable level.

20.4 PERFORMANCE TIME

If work is performed that is contrary to the requirements in the award the Government is not liable for costs incurred by the Contractor during negligent performance that is without the fault or negligence of the Government.

21 .0 REPORTS

During performance of work under this contract the Contractor shall furnish reports to the Contracting Officer in accordance with award requirements.

22.0 WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between one-half hour before sunrise to one-half hour after sunset each day, Monday through Friday, excluding Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

23.0 HOLIDAYS

The contractor will not be required to work during designated shutdown periods. Holidays observed by the contractor shall include all legal holidays observed by the Government. These holidays are:

New Year's Day Martin Luther King Day Columbus Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day Juneteenth

Any Federal Holiday Established by Executive Order

24.0 PROSECUTION OF THE WORK

The capacity of the Contractor, method of operation, and employees, shall, at all times during the continuance of the contract, be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer shall have the right to select the sequence in which the individual work shall be completed.

If work is seriously or chronically deficient it shall be addressed per the procedures in Section 20.0.

The Contracting Officer may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

25.0 INTERRUPTION OF WORK

ENVIRONMENTAL - The Contracting Officer, by issuance of a stop work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order, which shall document the date the stop work order ended.

An allowance has been included in the contract time for short-term environmental delays up to one day at a time. The count of contract time shall therefore continue during stop work of one day or less, but the count of contract time shall stop during stop work orders in excess of one day at a time. All periods of stop work by the Government shall be documented. Actions taken under this paragraph shall be subject to FAR 52.242-15- Stop-Work Order.

ENDANGERED SPECIES - The Government may direct the Contractor to stop work and all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840 (Attachment 4), are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to FAR 52.242-15 Stop- Work Order.

FIRE DANGER SEASON - If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

26.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

The Historic and Archeological Data Preservation Act of 1974 provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or programs.

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

The Contractor shall be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor shall be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed. Actions taken under this paragraph shall be subject to the FAR 52.242-15 Stop-Work Order.

27.0 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES

OR CONSULTANTS

The contractor’s key personnel identified in the awarded contract must remain fixed for the duration of the contract unless a change request is submitted in writing to the Bureau of Land Management Contracting Officer and upon authorization by the Bureau of Land Management Contracting Officer of such change. A request for change of key personnel must be made within fifteen working days to the Contracting Officer, prior to the change taking effect.

The Contractor shall provide an explanation of the circumstances necessitating the proposed substitution and any additional information requested by the Bureau of Land Management Contracting Officer.

Proposed substitutions should have comparable qualifications to those of the persons being replaced. The Bureau of Land Management Contracting Officer shall notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The key listing of personnel shall be modified by superseding letters.

28.0 WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other Contractors, the same type of similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

29.0 OTHER CONTRACTS

The Government may undertake work with its own forces or award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully fit its own work to such additional work as may be directed by the Contracting Officer.

The Contractor shall not commit or permit any act, which shall interfere with the performance of work by any other Contractor or by Government employees.

30.0 EXTENT OF OBLIGATION

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of a contract modification by the Contracting Officer. The Contractor(s) shall incur costs under this contract only in the performance of awards and modifications to awards issued in accordance with these ordering procedures. The price stated in the award shall be considered the maximum allowable expenditure for the designated order. No other costs are authorized without the express prior written consent of the Contracting Officer. The funded amount is stated as the “Total.”

31.0 CONTRACT PRICE REDUCTION

The Contractor may, at any time during the life of the contract, reduce the fixed unit price of item(s) included in the contract. Any price reduction for the remainder of the life of the contract shall be incorporated into the contract by modification.

The Contractor may reduce the fixed unit price(s) of item(s) included in the contract on a one-time basis for a specific delivery order, for a set period of time for orders placed during that time, or in any other manner consistent with commercial practice.

32.0 INDEMNIFICATION

The Contractor shall defend, indemnify, and hold harmless to the full extent permitted by law the United States Government and its employees and agents from and against any and all claims, damages, demands, suits, actions, judgments, liabilities, defaults, or costs and expenses, including court costs and attorney fees (all of which shall collectively be referred to herein as the "Liabilities"), including without limitation any claims or proceedings relating to any hazardous wastes or toxic substances present on each site or location, or involving any violation of, or any liability under the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), the Occupational Safety and Health Act or any other federal, state, or local environmental statutes or any amendment thereto, extension thereof, or regulations there under, arising out of the Contractor's negligent performance and/or willful misconduct hereunder.

Notwithstanding any other provisions herein to the contrary, the Contractor shall not be obligated to indemnify the United States Government and its employees and agents for liabilities caused by the U.S.

Government’s negligent acts or omissions.

Contractor's and Government's obligations under this clause shall survive any expiration or termination of this contract or the period of performance hereunder for a period of five years from the date of expiration or termination or completion of the last performance date of any award issued under this contract.

The contents of this clause shall flow down to all sub-Contractors.

33.0 HEALTH AND SAFETY

The nature of the work to be performed under this contract may involve inherently hazardous situations.

34.0 CONTRACTOR TEAM ARRANGEMENT

Small businesses contractors may team with other small business contractors in order to meet the hazardous fuel requirements for this contract. The small businesses must be registered in SAM and the proposal shall include the DUNS number and team members. All teaming arrangements must be included in the proposal submission and will be incorporated with the terms and conditions of the resultant contract.

35.0 CONTRACTOR SUBCONTRACTING

Small business contractors may subcontract in order to meet the hazardous fuel requirements for this contract contract. Per FAR 52.219-14 Limitations on Subcontracting shall be followed. The proposal shall list all subcontractors and include the subcontractor’s pertinent information to include: UEI number, team members and experience. Subcontractors must be registered in SAM. The subcontracting arrangement shall in incorporated into the terms and conditions of the resultant contract.

36.0 UNDOCUMENTED WORKERS

This contract involves the employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Bidders are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. § 1323-1325). If violations are suspected by the COR during the performance of work on this (these) project(s) they shall be reported to the U.S. Immigration and Naturalization Service for investigation and appropriate action.

Conviction of the Contractor for commission of a criminal offense referred to herein shall be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the Contractor from receiving future Government contracts.

37.0 GOVERNMENT FURNISHED PROPERTY AND DATA

The Government is not obligated to furnish any real or personal property or data under this contract, unless specified otherwise in this contract, and the Contractor is not authorized to acquire any real or personal property or data at the Government's expense under this contract unless specifically stated otherwise in this contract.

38.0 RESPONSIBILITY FOR GOVERNMENT PROPERTY

The Contractor assumes full responsibility for and shall compensate the Government for any and all loss or damages of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories or part furnished, while in his custody and care for storage, repairs or service to be performed under the terms of this contract, resulting in whole or in part from the negligent act or omissions of Contractor, any sub-Contractor or any employee agent or representative of Contractor or sub- Contractor.

39.0 RESTORATION OF RESOURCES

CLEANUP - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

ACCESS ROADS - Public or private access roads damaged by the Contractor shall be restored, at his expense, to the same condition they were in at the commencement of work.

40.0 STATE AND LOCAL TAXES EXEMPTION

In accordance with FAR 29.303 and FAR 31.204-41, the Contractor or any sub-Contractor under this contract shall not be reimbursed for payment of any state and local taxes for which an exemption is available. The Contractor is responsible for determining the availability of state and local tax exemption and obtaining such exemptions, if available. The Contractor shall include this clause, suitably modified to identify the parties, in all subcontracts at any tier. The Contractor shall notify the Contracting Officer if problems arise in obtaining a state and local tax exemption. The Contractor may seek a waiver by the responsible Contracting Officer from this requirement if the administrative burden of seeking an exemption appears to outweigh the potential savings to the Government.

41.0 CONTRACTOR REPRESENTATIVE/USE OF ENGLISH LANGUAGE

The Contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who act for the contractor when the Contractor is absent shall be designated in writing to the Contracting Officer. The Contractor representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor representative and alternate(s) must be able to read, write, speak, and understand English without use of a translator. Under no circumstances shall any documents, awards Statement of Work, Work Schedules, Contractor submittals, Contractor plans, etc., be translated. All documentation shall be submitted in the English language.

42.0 CONTRACTING OFFICER’S REPRESENTATIVES (COR) AND/OR

PROJECT INSPECTOR (PI)

ON-SITE COR

COR’s will be appointed by the Responsible Contracting Officer upon issuance of this contract and for each subsequent award that may be issued. On-Site COR’s will be responsible for giving the Contractor any special instructions or guidance necessary to complete performance as required by the contract. These individuals do not have the authority to modify or in any way amend the terms of this contract.

OFF-SITE COR

An Off-Site COR may be appointed by the Responsible Contracting Officer at the time the award issuance.

The Off-Site COR will be responsible for coordinating between the Field Offices or other agency offices issuing the award,. The Off-Site COR shall also be responsible for scheduling the contract operations. If there are any problems and/or questions between the on-site COR and the Contractor, one or both will contact the off-site COR.

43.0 TECHNICAL DIRECTION

Technical direction must be within the scope of work stated in the contract and resultant award.

The COR does not have the authority to, and may not, issue any technical direction which:

A. Constitutes an assignment of additional work outside the Statement of Work;

B. Constitutes a change as defined in contract clause FAR 52.212-4 (c) C. Causes an increase or decrease in the total price or the time required for contract performance;

D. Changes any of the expressed terms, conditions or specifications of the contract; or E. Interferes with the Contractor's right to perform the terms and conditions of the contract.

The term "technical direction" is defined to include:

A. Directions to the Contractor which redirect the contract effort, shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual Statement of Work.

B. Providing written information to the Contractor, which assists in the interpretation of drawings, specifications or technical portions of the work description.

C. Review, and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

Technical directions can be issued in writing or verbally by the COR.

The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this article and within his authority under the provisions of this clause.

If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories which the COR does not have authority(A-E), the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall:

A. Advise the Contractor in writing within thirty (30) days after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under contract clause FAR 52.212-4 (c) Changes;

B. Advise the Contractor within a reasonable time that the Government shall issue a written change order or;

C. Rescind the technical direction.

A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of clause FAR 52.233- 1 Disputes.

44.0 IDENTIFICATION OF CONTRACTOR EMPLOYEES:

All contract personnel are required to identify themselves as contractors. Whether attending meetings, answering Government telephones, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.

45.0 SPECIAL REQUIREMENTS

A. Seasonal closures for threatened and endangered (T&E) species will be included in awards.

B. Designated and marked “No-Treatment Zones” may be present within the project sites, and are not included in the acreage for payment, unless they represent 5% or less of the project area. “No- Treatment Zones” are marked by flagging and color designation will be identified in the award.

Excessively rocky ground may be designated in writing as a “No-Treatment Zone” by the COR.

Additional seasonal restrictions will be listed on each award for each project unit.

C. Trees used as bearing trees, or any tree blazed or tagged to mark the line of any Government survey, shall not be cut or destroyed under penalty of law. Trees with reference tags or posters identifying BLM projects, or trees with orange paint shall not be cut or damaged. Standing timber, wildlife trees and snags may be present within the project sites. Research plots may be located within the project sites and will not be disturbed during activities. Trees which serve as fence support shall not be cut or damaged.

46.0 U.S. FISH AND WILDLIFE SERVICES BIOLOGICAL OPINIONS

In order to comply with U.S. Fish and Wildlife Service Biological Opinions the following restrictions shall apply if the Government detects Murrelet or Spotted Owl activity or nesting within or adjacent to the project area.

A. Murrelets - For projects within the thirty-five mile Murrelet zone, work activities above ambient noise levels occurring within 0.25 mile of un-surveyed suitable Murrelet habitat or known occupied sites, shall be scheduled to occur no earlier than two hours after sunrise and no later than two hours before sunset between April 1 and September 15.

B. Spotted Owls - Chain saw activity within 0.25 mile radius of a nest site or activity center of known pairs and resident singles shall be prohibited from March 1 through June 15. If the Government determines that a site has become active, a suspend work order will be issued for the area of activity until after June 15.

47.0 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in the attachment at the end of this section.

FIRE REQUIREMENTS PROCEDURES OUTLINE

This outline covers the fire protection requirements of a contractor or private party who performs service or construction contracts on Department of the Interior land. In western Oregon, the Department of the Interior allows Oregon Forest Law (ORS) and Oregon Administrative Rules (OAR) to apply to these operations on DOI lands.

1. CLOSED FIRE SEASON

The closed fire season means that fire season has been declared. ORS 477.505 gives the State Forester the authority to establish the fire season. The authority has been delegated to the District Foresters around the state who issue public notices through the newspapers and radio when fire season will be closed for their individual districts.

Closed fire season depends upon the drying of forest fuels, rainfall, and time of year. During the closed fire season, the following requirements must be met:

Fire tools must be on site;

Fire extinguisher must be in all vehicles;

Chainsaws must have a .023-inch mesh screen installed in the exhaust;

Only unmodified saws are to be used in the forest;

Approved spark arresters must be on all internal combustion engines;

Watchman service must be provided for 3 hrs after shutdown of power equipment for the day;

No smoking is permitted while working or traveling through any operations area in the forest;

No use of explosives is permitted unless approved by the State Forester's representative;

Permits to burn are required unless waived by a representative of the State Forester.

Permits to operate power-driven machinery shall be obtained by the Contractor prior to commencing operations unless waived by a representative of the State Forester

(ORS 47.625).

Changes or modifications to the above requirements are possible depending upon changes in State of Oregon law and requirements of the State Districts and Protective Associations.

2. FIRE PRECAUTION LEVELS

There are 4 fire precaution levels that begin with level 1 at the start of the closed fire season and can go through level 4 if conditions warrant. The fire precaution levels restrict certain forest operations as the fire danger increases.

It is the responsibility of the individual operating on forest land to know the precaution level for the day and take the correct fire precautions. There are no precaution levels prior to the closed fire season.

Each fire precaution level requires adherence to the restrictions applicable to all lower levels in addition to the limits placed by that level.

LEVEL 1 is the lowest level of fire danger usually occurring early in the season and perhaps again after significant rainfall during the season. All requirements listed above apply. Waivers may be issued by the State Districts or Protective Associations and these MUST be approved by the BLM.

Waivers will only be considered if the conditions on the work site are not as severe as predicted. The requirements for fire tools on site, screens installed in saws, and fire extinguishers with saws will not be waived.

LEVEL 2 is the partial hoot owl where saws can operate from first light in the morning until 1:00 p.m. in the afternoon. From 1:00 p.m. until the end of the day saws are to be shut down. Waivers for operating beyond the 1:00 p.m. shutdown will be evaluated on a site-by-site basis.

LEVEL 3 is the partial shutdown of all forest industrial operations and shuts down contractor operations with few exceptions. Waivers may be issued on a site-by-site basis.

LEVEL 4 is the general shutdown of all contractor operations. Waivers will not be issued.

Landowners are permitted entry into their lands.

ORS. 477.066

ORS. 477.066 requires that an operator on forest land take immediate action to control and extinguish a fire on forest land. The contractor shall take this action and notify the BLM and the nearest State of Oregon District office immediately.

OAR. 629-43-030 requires watchmen to be:

Physically capable and experienced in operating any firefighting equipment on site.

On duty for 3 hours after the shutdown of the last power-driven equipment for the day.

Furnished adequate facilities for transportation and communications in order to summon assistance if needed.

Patrolling and visually inspecting all sites where work was done during the day.

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

The operator/contractor shall furnish fire tools to all personnel on site using the following combinations.

Hand Tool Type NUMBER OF PERSONNEL Number Needed 1-4 5 6 7 8 9 10 11 12 13 14 Pulaski 1 1 1 1 1 1 2 2 2 2 2 Shovel 2 2 2 3 3 3 3 4 4 5 5 Hazel Hoes 1 2 3 3 4 5 5 5 6 6 6

In addition to the above hand tools, the operator/contractor must provide a backpack pump can filled with water located with the toolbox in a readily available area.

All shovels are to be size 0 or larger, long handled. All tools shall be sharp and ready for service.

Fire extinguishers as follows:

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

Contractor shall comply with ORS 477.615 during fire season when inside or within one-eighth of one mile of a state forest protection district and furnish additional water supply and equipment for use in fire suppression in conformity with the rules promulgated by the Oregon State Forester, when directed by the Oregon State Forester in writing. When required, all water supply and equipment components shall be maintained and ready for immediate use.

During fire season when operating a stationary internal combustion engine inside or within one eighth of one mile of a state forest protection district, Contractor shall comply with ORS 477.650 and provide a water supply, with equipment for its use in fire suppression for each engine, in conformity with the rules promulgated by the Oregon State Forester. All water supply and equipment components shall be maintained and ready for immediate use.

Contractor Liability – Oregon Revised Statues Chapter 477 will apply to all Contractor operations. The Contractor shall be liable for suppression cost and resource damages as a result of failure to follow the appropriate fire regulations and provisions.

48.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.

Information on obtaining this license may be obtained from:

Bureau of Labor and Industries Contact: Licensing Unit Wage and Hour Division Telephone: (503) 373-1463 3865 Wolverine St. NE; E-1 Fax: (503) 373-7636 Salem, OR 97305-1268

Oregon Bureau of Labor & Industries Farm/Forest Labor Contractors website: Click Here

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