RFQ_1204R419Q0002.pdf

Item Sub-Item Description Qty Unit Unit Price

1 COLUMBIA RIVER GORGE NATIONAL SCENIC AREA

1.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

1.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

1.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

1.4 100-meter search surveys 1 Each

1.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

1.6 Locating additional trees to climb 1 Each

2 WILLAMETTE NATIONAL FOREST MCKENZIE RIVER RANGER DISTRICT

2.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

2.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

2.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

2.4 100-meter search surveys 1 Each

2.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

2.6 Locating additional trees to climb 1 Each

3 WILLAMETTE NATIONAL FOREST MIDDLE FORK RANGER DISTRICT

3.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

3.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

3.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

3.4 100-meter search surveys 1 Each

3.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

3.6 Locating additional trees to climb 1 Each

4 WILLAMETTE NATIONAL FOREST DETROIT & SWEET HOME RANGER DISTRICTS

4.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

4.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

4.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

4.4 100-meter search surveys 1 Each

4.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

4.6 Locating additional trees to climb 1 Each

5 SIUSLAW NATIONAL FOREST CENTRAL COAST AND HEBO RANGER DISTRICTS

5.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

5.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

5.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

5.4 100-meter search surveys 1 Each

5.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

5.6 Locating additional trees to climb 1 Each

6 NORTHWEST OREGON BLM TILLAMOOK AND MARYS PEAK FIELD OFFICES

6.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

6.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

6.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

Schedule of Items Red Tree Vole Climbing/Search Surveys

Willamette, Siuslaw, Mt Hood, Umpqua, and Rogue River-Siskiyou National Forests, Columbia River Gorge National Scenic Area, and Northwest Oregon BLM District

6.4 100-meter search surveys 1 Each

6.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

6.6 Locating additional trees to climb 1 Each

7 UMPQUA NATIONAL FOREST TILLER AND DIAMOND LAKE RANGER DISTRICTS

7.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

7.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

7.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

7.4 100-meter search surveys 1 Each

7.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

7.6 Locating additional trees to climb 1 Each

8 UMPQUA NATIONAL FOREST NORTH UMPQUA AND COTTAGE GROVE RANGER DISTRICTS

8.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

8.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

8.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

8.4 100-meter search surveys 1 Each

8.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

8.6 Locating additional trees to climb 1 Each

9 ROGUE RIVER-SISKIYOU NATIONAL FOREST ALL RANGER DISTRICTS

9.1 Tree climbing (Red Tree Vole) - trees ≤ 32” DBH 1 Each

9.2 Tree climbing (Red Tree Vole) - trees > 32” to 60" DBH 1 Each

9.3 Tree climbing (Red Tree Vole) - trees > 60" DBH 1 Each

9.4 100-meter search surveys 1 Each

9.5 Walk-in (measured to the nearest¼ mile, roundtrip for crew) 1 Mile

9.6 Locating additional trees to climb 1 Each

BLANKET PURCHASE AGREEMENT INFORMATION

for

Red Tree Vole Climbing/Search Surveys

1. Overview

The Federal Government will require tree climbing and 100 meter search survey services for collection of field data and materials on Red Tree Voles (RTV). Data may be collected on proposed project areas in the Willamette, Siuslaw, Mt Hood, Umpqua, and Rogue River-Siskiyou National Forests, Columbia River Gorge National Scenic Area, and Tillamook and Mary’s Peak Field Offices of the Northwest Oregon BLM District.

To acquire services, the U.S. Forest Service will award multiple Blanket Purchase Agreements (BPA) with qualified companies (BPA holders). BPAs are not contracts, and do not obligate any funds. The Government may offer a funded task order (also known as a BPA call) under this BPA for services, and the task order will become a contract once the BPA holder accepts the award. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

The Government neither guarantees a minimum number of task orders, nor a minimum award amount.

The Contracting Officer administrating the BPAs (BPA CO) will review each annually to ensure that they are still beneficial to the Government.

2. Period of Performance

The BPA period of performance is from date of award to 1 January 2030. To meet the needs of the Government, new BPAs may be awarded at any time during the period of the initial BPAs. New BPAs will have the same completion date as the initial BPAs.

3. Cancellation of BPA

Either party may cancel this BPA at any time upon at least 15 days written notice. The BPA holder’s cancelation notice shall be sent to the BPA CO. The BPA holder must still complete any active task orders.

4. Purchase Limitation

The aggregate dollar amount for individual task orders will not exceed the Simplified Acquisition Threshold (SAT). The SAT is defined in FAR 2.101.

5. Pricing

The BPA holder shall keep the BPA CO informed of changes to their unit pricing identified in this BPA’s Schedule of Items. The pricing is an average price assuming common fixed costs, variable costs, and profit to complete work under each line item. It is not binding, only pricing in an accepted task order is binding.

6. Key Personnel

The BPA holder shall keep the BPA CO informed of changes to their key personnel. The BPA holder will be given three months from the day they knew of the change to find an acceptable replacement. The BPA may be canceled if an acceptable replacement is not presented to the BPA CO.

The Government considers the following personnel key: Supervising biologist and a minimum of two tree climbers/surveyors.

The supervising biologist may also act as one of the tree climbers. The supervising biologist shall be responsible for the interpretation of survey results and performance of the work. The minimum qualifications for all key personnel are listed below:

A. Supervising biologist must at least have a bachelor's degree in wildlife biology or related field such as Natural Science (Forester, Botanist, or Ecologist) and a thorough understanding of all aspects of the most current RTV protocol.

B. Tree climbers/surveyors must have experience safely climbing trees in accordance with state safety laws, and have knowledge of the Oregon Administrative Rules, Chapter 437, Division 7, applicable tree climbing requirements. They must also be familiar with the techniques involved in project layout, survey transect lines, and the identification and interpretation of visual evidence of RTV, including differentiation of their nest from those of other species. Potential climbers/surveyors must be trained by the supervising biologist who has received training from an expert on the species and is knowledgeable about red tree vole biology, sign, surveys, and interpretation of survey results.

The contractor shall only replace key personnel with individuals of comparable or greater qualifications. The Contractor must send an email notification with the individuals resume to the CORs of active task orders, the Contracting Officers of active task orders, and the BPA CO. The BPA CO will determine if the changes to personnel are acceptable to maintain the BPA. The Contracting Officers of active task orders will determine if they accept the personnel changes, or if they will terminate their task order in accordance with either FAR clause 52.212-4(l) or 52.212-4(m).

7. Incorporating Provisions, Clauses, & the Performance Work Statement (PWS)

Provisions, clauses, and the PWS contained in this BPA are incorporated into all competed and awarded task orders. The Contracting Officer that is competing or directly awarding a task order may choose to add provisions and/or clauses. They may also choose to add an addendum identifying changes to the PWS.

8. Placing Orders

Warranted Contracting Officers in the U.S. Federal Government may solicit and award task orders under this BPA within the limits of their authority. Task orders will be firm-fixed-price awards. The Contracting Officer may place orders using the following methods:

A. Method 1: This method is appropriate when adequate time is available to compete task orders.

The Contracting Officer will issue a request for quotes (RFQ) to all BPA holders, which will provide project locations, period of performance, schedule of items, added provisions/clauses, PWS changes, instructions of what to submit within the quote, evaluation factors (if using price and other factors), applicable wage determinations, and any other attachments. If price is the only evaluation factor, an award will be offered to the lowest priced quote. If price and other evaluation factors are considered, the award will be offered to the quoter that represents the best value. The Contracting Officer won’t notify unsuccessful quoters. BPA holders that submitted quotes may request information in accordance with FAR 13.106-3(d).

B. Method 2: This method is appropriate when there is inadequate time to compete, considering funding availability compared to the task order performance start date.

After considering each BPA holder’s current BPA unit pricing, personnel, and past performance, the Contracting Officer may directly offer a task order to the BPA holder that represents the best value. The task order will include project locations, schedule of items, period of performance, additional provisions/clauses, PWS changes, applicable wage determinations, and any other attachments. After the BPA holder accepts the task order, the Contracting Officer shall email all BPA holders a brief explanation of the basis for the award decision in accordance with FAR 13.106-3(d).

(End of Blanket Purchase Agreement Information)

CLAUSES

The full text of the Federal Acquisition Regulation (FAR) clauses and provisions may be accessed electronically at www.aquisition.gov or http://farsite.hill.af.mil/.

The Following Clauses are Incorporated by Reference:

http://www.aquisition.gov/ http://farsite.hill.af.mil/

FAR 52.204-13 -- System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (July 2016)

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The Following Clauses are Incorporated by Full Text:

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

___ (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 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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 (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (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 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) 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 (Jan 2017) (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 (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (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) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (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.

___ (iii) Alternate II (Feb 2006) 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 (Aug 2018) (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).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (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).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 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.

(xxii) 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.

(End of Clause)

PERFORMANCE WORK STATEMENT (PWS)

for

Red Tree Vole Climbing/Search Survey Task Orders

This is a non-personal services task order to provide Red Tree Vole climbing/search surveys. The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees.

1.0 GENERAL INFORMATION

1.1 Description of Work

1.1.1 The Contractor shall provide all tree climbing, 100 meter search survey services, and identification of additional trees to climb necessary for the collection of field data and materials on Red Tree Voles (RTV). Data may be collected on proposed project areas in the Willamette, Siuslaw, Mt Hood, Umpqua, and Rogue River-Siskiyou National Forests, Columbia River Gorge National Scenic Area and Tillamook and Mary’s Peak Field Offices of the Northwest Oregon BLM District.

1.1.2 The Contractor shall, considering given resource objectives for the work unit, develop a plan of operation to accomplish these objectives, organize, and direct all the equipment and personnel needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies and incidentals necessary, except those designated as Government furnished, to complete the work required.

1.1.3 All work shall be performed in accordance with these specifications and “Survey Protocol for the Red Tree Vole (Arborimus longicaudus)” Version 3.0 or most current version. The Protocol document is available on the Web at:

http://www.blm.gov/or/plans/surveyandmanage/protocols/ Identification of red tree vole nest is aided by a new field guide entitled “Field Guide to Red Tree Vole Nests.” by Lesmeister and Swingle (2017) available at https://www.fs.usda.gov/treesearch/pubs/54634

1.2 Location of Work

1.2.1 All work shall occur within the boundaries of the Willamette, Siuslaw, Mt Hood, Umpqua, and Rogue River-Siskiyou National Forests, Columbia River Gorge National Scenic Area and Tillamook and Marys Peak Field Offices of the Northwest Oregon BLM District. Not all unit boundaries will be physically identified (by flagging or other methods) on the ground. Electronic and/or hard-copy contour maps of units will be provided for each task order and shall be the http://www.blm.gov/or/plans/surveyandmanage/protocols/ https://www.fs.usda.gov/treesearch/pubs/54634

1.2.2

1.3

1.3.1

1.3.2

1.3.3

1.4

1.5

1.5.1

1.5.2 primary document used for determining unit boundaries. Copies of aerial photos may be provided with each task order for information only. Much of the terrain is steep, has dense brush, and can be very difficult to walk through.

The Contractor shall have knowledge of the general topography for the Willamette, Siuslaw, Mt Hood, Umpqua, and Rogue River-Siskiyou National Forests, Columbia River Gorge National Scenic Area and Tillamook and Marys Peak Field Offices of the Northwest Oregon BLM District.

Accessibility

Standard access is defined as (1) passable with a 2-wheel drive vehicle although a 4-wheel drive may sometimes be required, or (2) foot travel to the project area boundary is less than ¼ mile. The cost of standard access is to be included in the unit price.

If standard access to a project area is inaccessible due to snow, fallen trees, slide, or washout, and foot travel is more than ¼ mile to the project area boundary, additional payment will be based on the per mile cost identified on the schedule of items: one roundtrip for the crew, rounded to the nearest ¼ mile. Walk-in mileage begins at the ¼ mile mark and ends at the project area boundary.

Motor vehicles shall not operate off existing spur roads.

No vehicle shall by-pass any officially blocked road (barriers, locked gates, posted signs, rock/log/dirt, etc.) without approval of the Contracting Officer.

Some roads shown on aerial photos and project maps may not be accessible by vehicle. All roads may not appear on Government provided maps. The Government assumes no obligation to do special maintenance to keep roads open.

Some project area(s), may require access through locked gates. Contractor shall work with the Contracting Officer’s Representative (COR) to secure keys required for access through locked gates or when additional arrangements are required.

The Contractor shall obtain permission from private landowners before crossing private lands when attempting to access public lands. Private landowners may require deposits and/or fees for gate keys to access some project sites.

Locked gates restricting access will be noted on the project maps. Keys to locked Government gates will be issued to the Contractor via a property transfer signed by the Contractor along with a road access permit (if applicable).

Use of either 2-wheel drive or 4-wheel drive vehicles on native surface roads is permitted only with approval of the

COR.

Schedule

Before field work commences, the Contractor shall provide the COR a schedule detailing key milestones, such as when and where work will begin in each project area, field work completion for each project area, and final report completion date. The Contractor shall keep the COR informed of changes to key milestones.

Safety

A general safety plan shall be developed by the Contractor, which complies with or exceeds OSHA standards. It shall describe safety procedures for crew safety. Emergency numbers and communications shall be described in the plan. The plan shall be provided to the COR before any work begins. This plan shall be presented and reviewed by all crew members before work begins, and be available to all crews at all sites during work periods. The plan shall also be available to the Government for inspection at any time.

In addition to the general Safety Plan the Contractor shall have a site specific Communication/Safety/Emergency Plan.

The site specific plan shall be a document giving location of operations, name and phone number of individuals to call in case of an emergency, phone number of nearest fire department, travel route(s) to project location(s), nearest hospital, and fire rescue and ambulance (EMS). If gate keys are needed, this document shall also include where they can be obtained. This plan shall be presented and reviewed by all crew members, and be available to all crews at all sites during work periods. The plan shall also be available to the Government for inspection at any time.

1.5.3 Each individual climber operating in the performance of this task order shall have final say if any tree is safe to climb, and shall make a reasonable attempt to verify the potential nest from an adjacent tree (see PWS 5.1.1(b)). If any tree is deemed unsafe to climb the climber shall document the location and reason why its unsafe.

1.5.4 The Contractor shall be in compliance with the Oregon Administrative Rules, Chapter 437, Division 7, applicable tree climbing requirements. All State safety laws (OSHA) and safe climbing practices shall be followed. There shall be a minimum crew of two (2) with climbing capabilities who shall be in visible or audible signal distance with one another during all tree climbing activities.

1.5.5 Potential Safety Hazards

a. Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

b. The following checked activities have been identified by the Government as potential safety hazards.

[X] Tree falling.

[X] Fall hazard from work heights exceeding six feet.

[X] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[ ] Travel on decommissioned roads, i.e. roads with waterbars and other barriers [ ] Heavy equipment operation.

[X] Tree climbing and/or tower climbing.

[X] Fire hazards.

[ ] Hazardous materials handling.

[ ] Electrical hazard.

[ ] Hydraulic and/or pneumatic and/or other high pressure hazards.

[ ] Mechanical hazards such as pulleys, springs, etc.

[X] Crossing streams-footing, fast water [X] Carrying heavy loads over steep ground [X] Other Use caution while handling feces

1.6 Key Personnel

1.6.1 The Government considers the following personnel key: Supervising biologist and a minimum of two tree climbers/surveyors. The supervising biologist may also act as one of the tree climbers. The supervising biologist shall be responsible for the interpretation of survey results and performance of the work. The minimum qualifications for all key personnel are listed below:

a. Supervising biologist must at least have a bachelor's degree in wildlife biology or related field such as Natural

Science (Forester, Botanist, or Ecologist) and a thorough understanding of all aspects of the most current protocol.

b. Tree climbers/surveyors must have experience safely climbing trees in accordance with state safety laws, and have knowledge of the Oregon Administrative Rules, Chapter 437, Division 7, applicable tree climbing requirements.

They must also be familiar with the techniques involved in project layout, survey transect lines, and the identification and interpretation of visual evidence of RTV, including differentiation of their nest from those of other species. Potential climbers/surveyors must be trained by the supervising biologist who has received training from an expert on the species and is knowledgeable about red tree vole biology, sign, surveys, and interpretation of survey results.

1.6.2 The Contractor shall only replace key personnel with individuals of comparable or greater qualifications. The Contractor must send an email notification with the individuals resume or curriculum vitae to the task order COR, the task order Contracting Officer, and the Contracting Officer managing the Blanket Purchase Agreement. The Contractor must obtain approval of changes to key personnel from the task order Contracting Officer. The task order Contracting Officer shall respond with a decision of whether or not they approve the change within three business days of receiving the Contractor’s notification.

1.7 Contracting Officer's Representative (COR)

1.7.1 The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements (including Government drawings, designs, and specifications), monitor Contractor's performance, notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in price or in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.8 Threatened, Endangered, and Sensitive Species

The Government may direct the Contractor to stop 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, are present in or adjacent to the project area.

2.0 DEFINITIONS

DBH – Diameter at Breast Height (4.5 feet measured on the uphill side)

EPE – Estimated Horizontal Positioning Error

GIS – Geographic Information System

GPS – Global Positioning System

UTM – Universal Transverse Mercator

Project Area – The larger area identified for line transect surveys, with identified trees to climb, within an individual task order, when issued. A project area may contain numerous individual survey units and work items.

Survey Unit – The individual proposed units or areas within the larger Project Area.

Survey Protocol – Sampling trees by climbing and 100 meter searches.

Survey Area – The mapped area that has been surveyed by line transects and the area to survey, 100-meter searches or individual tree sampling, plus any extended area surveyed based on survey results.

3.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

3.1 The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this task order.

a. Transportation maps showing roads, access routes and approximate project area and or survey unit boundaries.

b. “Survey Protocol for the Red Tree Vole (Arborimus longicaudus)” Version 3.0 (IM OR 2000-037), or most current version. (IM OR 2003-075). The Protocol document is available on the Web at:

c. May supply color copies of aerial photos showing project areas needing trees climbed and/or 100-meter searches.

d. Government will provide applicable survey maps with previously identified trees, applicable GPS coordinates and tree data.

e. Keys for locked Government gates.

f. General Wildlife Observation Form—master or electronic for Contractor to reproduce.

g. Field data forms similar to those in the protocol document. Each administrative unit may use a different form than those in the RTV Protocol document. These forms will be masters or electronic for Contractor to reproduce.

h. Wildlife tree tags; an all-weather type placard and or flagging to identify all potential trees and a permanent tag to identify confirmed active and inactive RTV trees. (Individual task orders may have other options for identification).

3.2 The Contractor shall be liable for all loss or damage of all Government-furnished property until completion and final acceptance of all work per task order.

4.0 CONTRACTOR-FURNISHED ITEMS

4.1 The Contractor shall furnish the following items; however, this list is not all inclusive and other items may be needed during the course of the task order.

a. Protective covering for aerial photos (large heavy gauge "zip loc" freezer bags).

b. Wide-lined permanent marking pens for marking flagging and plastic bags.

c. Hand lens (minimum magnification 10 X).

d. Plastic zip-lock bags for the sample collections of resin ducts, feces, and branch cuttings.

e. Clinometers or other tree/nest height measuring devices.

f. Climbing gear for climbing trees.

g. Aluminum nails, at least 6d in size, for RTV nest tree tags.

h. All weather labels to fit into sample bags.

i. Digital camera, with a resolution of 7 megapixels or better and an LCD viewer for previewing pictures, capable of taking close-up pictures in shady conditions along with software capable of saving pictures in TIF or JPG file formats. TIF and JPG refers to the type of image file the image is saved as to a recordable Compact Disk (CD not DVD format) or data transfer device.

j. Measuring tape for DBH measurements.

k. Global Positioning System (GPS) equipment capable of determining Universal Transverse Mercator (UTM) locations with accuracy (Estimated Position Error or EPE) of <10 meters. The MAP DATUM shall be set to WGS84 or NAD83.

l. Hammers and staple hammers with staples.

m. Compass (Azimuth 360 degree).

n. Binoculars.

o. Flagging (At the prework for each task order the type, color, and details for how to flag different trees will be determined).

p. Software that is compatible with the Government systems (Microsoft Office 1997 or newer).

5.0 SPECIFIC TASKS

5.1 Tree Climbing

5.1.1 Field Work for Tree Climbing

a. Potential RTV nest, other species, and unknown nests found from transect surveys and 100-meter searches may be confirmed through climbing, as determined by the Government per the task order. Nest trees discovered during transect surveys have a tree identification number, are marked, have UTM coordinates, and are mapped. If potential nests are found outside the survey unit boundary but are within 75 feet of the survey unit boundary, they shall be marked as potential nest trees. Climbing of trees outside the boundary will be determined by the Government. New potential RTV trees shall be marked and numbered with a unique tree identification number as agreed prior to starting each task order. The flag or tag for an individual tree should be labeled with the date, tree number, and nest categorization, such as 2011-03-040JSH—1-ACVR on the Red Tree Vole Transect Survey Form 24.

b. When any nest status cannot be determined from the ground, by the presence of resin ducts or branch cuttings, the tree shall be climbed as determined by the Government per task order. If the tree is determined to be unsafe to climb, an adjacent tree may be climbed (record DBH and flag) to view the nest with binoculars and assess the nest status.

The Contractor shall take a digital photograph, to the highest definition possible, of the nest in the adjacent tree with the GPS device showing UTM coordinates in the picture. In this case, no sample is required, but a clear description of its activity status (active, inactive, or non-RTV nest) is necessary. Where no adjacent tree exists to assess nest status, the Contractor shall notify the COR to discuss other possible nest collection or assessment options.

c. The Government may designate trees to climb in addition to, or other than those found during ground surveys.

d. When climbing to check a nest, the Contractor shall tie a length of flagging around a branch on the opposite side of the tree from the nest. The flagging shall be short enough so it does not wave in the wind with the knot on top of the branch. If a tree has multiple nests, one flag shall be hung near the upper nest and one flag hung near the lower nest, but do not climb above an active nest.

e. Take two pictures of each nest with a digital camera that can produce a good quality photograph (see PWS 4.1(i)).

Frame the picture so that the top of the nest (the branch the nest is on), a label with the numbered Tree Identification number, and the GPS device showing UTM coordinates are visible in the picture. Label the card (2”X4” all weather paper) with the tree identification number, project and unit name and number, date, and surveyor initials. Photos shall be of sufficient quality to read numbers and display nest structures.

f. All trees climbed shall have observations recorded and a representative sample collected from each potential nest, unless determined otherwise by the Government. Observe whether or not there is any organic material piled up on top of the nest such as conifer cuttings, branchlets, cone scales, or cone cores. The contractor must note if the cuttings are green and fresh, orange, or brown and dry. Observe whether there are tunnels leading into the underside of the nest. Observe the color of the resin ducts when first collected (green, orange, or brown) and whether the resin ducts were found on the top of the nest, the sides, or inside the nest.

g. Collect a sample of the nest materials in a plastic zip-locked bag; specifically, collect resin ducts or anything that looks like resin ducts, feces and branch cuttings. Prioritize collection of the freshest resign duct material available from freshest to oldest (green, orange, and brown). This can be accomplished by searching each nest for at least five

(5) minutes for the presence of resin ducts. If no resin ducts are observed on the top or sides of the nest, gently lift up layers of the nest and search for them. Replace the layers when completed; do not destroy the nest. Care shall be taken to minimize disturbance of all nests found regardless of species. If no discernible resin ducts are found, collect nest materials from several layers of the nest. Collect fecal material that is mixed in with the resin ducts or other nest material. Samples of resin ducts, feces and nest material shall be double bagged. Care shall be taken to minimize degradation of collected nest samples by refrigerating the samples in a non-airtight container (to prevent mold) until given to the COR.

Note; if a RTV is observed, or some animal is heard within the nest, either audibly or visibly, do not try to make the RTV leave the nest; don’t dig into any known occupied nest for samples.

h. The sample shall be labeled with all-weather tags showing date, the unique tree identification number, project name, unit number, and climber’s initials. If evidence of RTV is found, the tree shall be marked with a new permanent aluminum tags.

i. If an observed nest is suspected to be an inactive RTV nest, then evaluate any other nests observed within the tree for RTV activity unless otherwise directed by the government.

j. While in the tree, observe surrounding trees for nest structures not readily visible from the ground. If nest structures are observed, they shall be treated as potential nests (number, map and mark as in the search survey) with observations recorded on the Field Data Form.

k. Tagging/DBH of trees: Attach the new aluminum tag to the tree using aluminum nails and flag. Tags shall be attached approximately 5 feet above the ground on the uphill side of the tree with the potential nest. The tree identification number shall consist of 3 digits followed by the climber’s initials. Each tag shall have “RTV”, date (mm/dd/yy), a unique tree identification number, and the climber’s initials clearly inscribed on it. Measure and record the DBH of the tagged tree on the field form.

l. UTM locations shall be determined from ground level. A contour map with UTM overlay may be used as an option for mapping potential nest locations if coordinates cannot be attained by GPS units.

m. Climbing shall not be done at times of low visibility into and through the tree canopy. Low visibility may occur due to low light, rain, fog, or snow, which would reduce or obliterate the visibility of nests. Weather conditions shall be written on the survey form.