Sol_140L3725Q0126.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation no. 140L3725Q0126 has been issued as a Request for Quotation for a firm-fixed-price commercial service contract for Copper Spur Mastication FY26, located near McCoy, Colorado at one lump sum price. The scope of work includes mastication of pinon and juniper with mixed mountain shrubs (sagebrush, oak brush, snowberry, serviceberry). The performance period is from 10/1/2025 through 9/30/2026. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-05 effective August 8, 2025. The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The provision at 52.212-2, Evaluation -

Commercial Items, applies to this acquisition. The following factors shall be used to evaluate quotes:

relevant experience, past performance, and price (see attached solicitation for instructions). Offerors are advised to submit a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications - Commercial Items, with its quote. The clause at 52.212-4, Contract Terms and Conditions

- Commercial Items, applies to this acquisition. The clause at 52.212-5 Contract Terms and Conditions

Required to Implement Statutes Or Executive Orders - Commercial Items applies to this acquisition. This requirement is set-aside for SMALL BUSINESS. The NAICS code is 115310 and the small business size standard is $34 million. The basis of award is the responsible respondent whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

SECTION B - SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Copper Spur Hazardous Fuels

Mastication near McCoy, Colorado.

PRICE SCHEDULE

Item no. Item Description Quantity Unit of

Measure

Unit Price Total

0001 MASTICATION 230 AC $ $

GRAND TOTAL $

AC = Acre

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

SECTION C – STATEMENT OF WORK

C.1.0 COPPER SPUR HAZARDOUS FUELS TREATMENT

C.1.1 Description of Work: The Copper Spur vegetation treatment consists of mastication of pinon and juniper southeast of McCoy, Colorado; (see project area map attached). The proposed project is located in Routt

County, elevation of the project ranges from 7,400’ to 8,500’. The vegetation is primarily pinon pine and juniper with mixed mountain shrubs (sagebrush, oak brush, snowberry, serviceberry). To achieve the objectives the project work is vegetation treatment by mastication and mowing of numerous polygons, their shape is determined by slope, or bedrock exposures and on the attached map.

The average slope is less than 35%. Crown cover is less than 45%.

The Contractor will be responsible mastication of all pinon and juniper 8” diameter at breast height (dbh) and smaller. Incidental mowing of mixed mountain shrubs is acceptable. The 230-acre project area is identified on attached maps. It is understood that isolated areas may be too steep or rocky to operate will be left untreated. The contractor will grind/mulch shrub species with the contractor furnished rubber-tired equipment (e.g., Hydro-Ax, Fecon Bull Hog or similar).

In total, there are a total of 230 acres requiring mastication.

Additional specific objectives will be communicated during the required on-site pre-work meeting or during subsequent project inspections with the Contracting Officer’s Representative (COR) or Project

Inspector (PI). Operations will cease during the Colorado big game rifle seasons from October 26-

November 3, November 9 - November 15 and closures for big game and avian species annually from

December 1 – July 15 and for sensitive plants June 1 – August 15. Work may occur during these shutdown periods with prior consultation with, and exemption granted by, field office staff with the hunting season and winter wildlife shutdown periods being the most feasible to modify.

C.1.2 Location: Directions to the general vicinity of the project area may be found at the following link:

https://maps.app.goo.gl/2hMtjFevmCZCMaxz7

C.1.3 Access to the Work: Access to the project site is via a primitive, unmaintained, four-wheel drive road that may be unpassable when wet from the adjacent subdivision. Any travel or use of private land must be coordinated between the contractor and landowner. Best location to unload equipment in the intersection of

Hwy 131 and Copper Spur Road. Additional locations exist on Copper Spur Road depending on the driver’s comfort level and the contractor’s own risk.

C.1.4 Environmental Considerations: Most of the targeted areas are relatively flat to moderately sloping ridges.

Most rocky areas are associated with drainages and knobs. Most slopes steeper than 35% avoided by design.

https://maps.app.goo.gl/2hMtjFevmCZCMaxz7

C.1.5 Work Limits: Moving of equipment should be limited to dry conditions to reduce damage to any roads or operator will need to smooth roads with equipment at the end of the project returning it to the prior condition. Work should not continue in wet conditions where more than 3-inch ruts will be produced by equipment operation.

C.2.0 SCHEDULING: This is a single schedule contract.

C.2.1 In the event of extreme weather or environmental conditions, the Contracting Officer will determine the best course of action based on comments from the Contractor and PI/COR.

C.3.0 CONTRACTOR-FURNISHED ITEMS:

C.3.1 The operator will provide an articulated or tracked tractor with an operator. The tractor will be equipped with a machine mounted, thinning and shredding machine [a Mower/mulcher]. Either a vertical-shaft or horizontal-shaft may be used in this contract area, however care must be taken to avoid spreading material on private property.

C.3.2. Transportation of equipment and operator to and from the site.

C.3.3. All fuels, lubricants, parts for repairs, and repairs to the machine.

C.4.0 GOVERNMENT-FURNISHED ITEMS:

C.4.1 The BLM will provide shapefiles and geo-referenced PDF maps and at the contractor’s request, will flag the outer perimeter of the areas to be treated using plastic surveyor flagging. Areas within the project perimeter which are to be excluded from treatment will be flagged with a stripped contrasting color flagging.

Total avoidance of these areas is required and is the Contractor’s responsibility.

C.4.2 The BLM will provide maps and descriptions of the area and will go with the operator around the boundary of the area. The government will map the area treated by the Contractor using a Global Positioning System

(GPS), based on horizontal plane measurement, not “slope” acreage.

C.4.3 The government will provide a Contracting Officer Representative (COR) to be delegated by the CO at the time of award. An additional project inspector may join the COR in inspection duties. The Project Inspector will not have the same authority as the CO or the COR.

C.4.4 The BLM provides treatment measurement: The determination of the acreage of completed work will be made by using the Global Positioning System (GPS). Area measurements required under this Contract will be measured on a horizontal plane. Mechanical treatment of trees and brush will be measured and paid for by the number of acres treated to the nearest whole acre. Work performed according to the specifications and C.9.0 will be considered acceptable for payment purposes.

C.4.5 The BLM will provide re-measurement of the acreage under this Contract upon the written request of the

Contractor. The request for re-measurement must be made in writing within 10 calendar days after completion of the work. If re-measurement indicates a difference of not more than 5 percent from the original measurement, the Contractor shall pay the actual cost of the re-measurement. Payments will be based on the second measurement where the difference between measurements is more than 5 percent. Where the difference is less than 5 percent the results of the first measurement will be used.

C.4.6 The PI and/or COR will conduct weekly on-site inspections. The Contractor is encouraged to observe inspections while they are being made and have a supervisor on site to confer with the PI and/or COR. If an onsite visit has not occurred during the period, the contractor is required to report on the status of work each week, or when any special situations or problems are encountered. These reports may be made by telephone to the PI or COR.

C.5.0 TRANSPORTATION OF EQUIPMENT, DELIVERY, STORAGE, AND HANDLING:

C.5.1 The contractor will provide transportation for all equipment, operators, fuel, and water to and from the site.

The Contractor shall be responsible for providing the necessary material-handling equipment to on-load and off-load all materials and the appropriate security when equipment or property is left on site.

C.6.0 LUBRICATING AND SERVICING OF EQUIPMENT:

C.6.1 The Contractor shall be responsible for all service to all equipment including support vehicles. The

Contractor shall keep all the equipment in proper functioning condition to ensure objectives of the project are met.

C.7.0 REPAIRS TO EQUIPMENT:

C.7.1 The Contractor shall be responsible for repair of all equipment including the support vehicles. The

Contractor shall keep all the equipment in proper functioning condition to ensure objectives of the project are met. The Contractor shall be equipped to make necessary field repairs to equipment.

C.7.3 Use of welding equipment may be limited by fire restrictions. It is the Contractors responsibility to keep current on any restrictions.

C.8.0 SPECIFIC TASKS:

C.8.1 Surface Conditions: Treatment shall not be done when soil surface conditions are muddy or when equipment is leaving ruts greater than 3 inches. When such conditions are encountered, the Contractor shall stop work and notify the Contracting Officer (CO). The Contracting Officer (COR) will determine the best course of action based on comments from the contractor and the COR/PI.

C.8.2 Protection: The Contractor is required to protect section corners, benchmarks, and other markers and stakes from damage or removal. In case of destruction or removal by the Contractor, they will be replaced by the

Government and the actual cost for replacement will be deducted from payments due the Contractor. The

Contractor is also required to avoid all areas flagged and identified by the COR as areas to be protected due to resource concerns.

C.8.3 Noxious Weeds: Vehicles and heavy equipment are one of the primary agents for the spread of noxious weed seeds to public lands. In efforts to mitigate the spread of weed seed to BLM lands the following actions are required for contractors prior to transport to a BLM project area. The Contractor will be responsible for power-washing or comparable cleaning, to ensure that noxious weed seeds are removed from any and all equipment and vehicles used on the project prior to entering the project area. BLM will require a pre-implementation inspection to ensure compliance which would be arranged to occur in Silt, CO when the contractor is planning transport to the project area. The Contractor is responsible for any additional transport or expenses associated with non-compliance.

Support vehicles (pickups, fuel/service vehicles, transport, dump trucks, etc.)

< Pressure wash radiator to flush seeds.

< Pressure wash undercarriage to remove accumulations of mud and soil that may contain seeds.

Heavy Equipment (dozers, road graders, excavators, backhoes, loaders, etc.)

< Pressure wash radiator(s) to flush seeds.

< Pressure wash tracks to remove accumulations of soil.

< Pressure wash all areas of soil/debris accumulations (i.e. steps)

< Pressure wash blades and buckets where soil/mud is accumulated.

< Empty pre-cleaners (air intake) before transport.

C.8.4 Hazardous Materials: Use of Hazardous Materials and/or petroleum products requires that all appropriate

State and Federal Regulations be complied with including, but not limited to, Material Safety Data Sheets

(MSDS) on hand and use of necessary Personal Protective Clothing (PPE). On-site disposal of Hazardous

Materials or Waste including hydrocarbons is not authorized. The Contractor will be responsible to prevent introduction of hazardous materials into the environment during the implementation of the proposed action.

Any on-site disposal or release of two gallons or more in the form of spilled fuel, hydraulic fluid, or oil used by the machinery and the resulting contaminated soil will subject the contractor to at least the cost of reclamation and the appropriate disposal of contaminated soil. Fueling and maintenance activities should not take place in or adjacent to any drainage (perennial or ephemeral.)

1. All product containers, cans, and debris should be removed from the site and disposed of properly.

2. Incidental leaks from fittings, gaskets, or ruptured hoses will not subject the contractor to remedial requirements (if less than 2 gallons).

3. Fueling equipment and maintenance/repair locations, and equipment will be inspected and approved prior to contract startup by the owner/operator and the Government’s PI/COR. Inspections will include checking for evidence of oil/fuel leaks at all piping, oil/fuel lines, hydraulic lines and seals, fuel tanks and other potential sources of leaks. All evidence of leaks will be investigated and immediately repaired prior to equipment operation on the job and continual leaks will be noted on inspection reports and corrected through required maintenance.

4. All non-manual fueling equipment will have an automatic shut-off switch installed to avoid fuel releases.

5. Fuel tanks greater than 200 gallons may only be used within a spill containment pit. The spill containment pit shall be constructed at a site designated by the PI/COR, with an impermeable liner capable of containing a released volume of one and one-half times the tank volume. The Contractor will report all hazardous substance spills immediately to the BLM PI or COR

COPPER SPUR MASTICATION, MCCOY, COLORADO SOLICITATION NO. 140L3725Q0126

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C.8.5 Fire Prevention and Fire Safety Provisions: The government may require the contractor to curtail or cease operations should wild land fire danger approach critical levels. The contractor will be given 24-hour notice in the form of a suspend work order issued by the Contracting Officer.

Ignition of a wild land fire that threatens the project area may require the Contractor to proceed with an emergency evacuation of the project area.

A 10 lb. ABC fire extinguisher and shovel or equivalent tool will be available on the operating equipment for fire prevention and control.

C.9.0 MASTICATION OPERATIONS:

C.9.1 General: Mastication shall be performed within the project area as identified by the Government and instructed by the COR or PI. Insufficient shredding/mulching may require some areas to be treated more than once to meet objectives.

The remaining stumps shall not exceed 6 inches in height.

Vegetation shall be reduced to a mulch material with a minimum of 80% of the woody material less than

1" in diameter and 6" long. The mulch shall be scattered evenly across the soil surface and not remain in piles greater than 8" deep.

Vegetation which is pushed over by equipment but not shredded shall be severed by the contractor by hand

(chainsaw) and slash shall not exceed 18 inches in height.

No trees/shrubs shall be left to cross any improvement such as, but not limited to roads, fences, gates, ponds, power lines or cattle guards.

C.9.2 Additional Requirements:

The following guidelines for Mastication are a required mitigation measure incorporated in the decision record authorizing this project and will be communicated to the owner/operator during the on-site pre-work meeting:

-The contractor will post signs on the access road warning visitors of heavy equipment use in the area.

These signs will be checked daily by the contractor to ensure they are in place. The signage will be coordinated with and pre-approved by the Contracting Officers Representative (COR).

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-The COR must be informed of any objects or sites of cultural, paleontological, or scientific value such as historic or prehistoric resources, graves or grave markers, human remains, ruins, cabins, rock art, fossils, or artifacts. The objects shall not be damaged, destroyed, removed, moved, or disturbed. Any person who knowingly violates this may be subject to fines and/or imprisonment (Public Law 16-95; 16 U.S.C. 470).

(End of Statement of Work)

BLM UPPER COLORADO RIVER DISTRICT Page 5 of 65

SECTION E – INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

BLM UPPER COLORADO RIVER DISTRICT Page 6 of 65

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award to September 30, 2026.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

BLM UPPER COLORADO RIVER DISTRICT Page 7 of 65

SECTION G – CONTRACT ADMINISTRATION DATA

G.1.0 In accordance with FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the Contractor is required to annually report the product types and dollar value of any USDA-designated biobased products purchased during the previous fiscal year (October 1-

September 30) through the System for Award Management (SAM). The report is due no later than October

31 of each year during contract performance and at the end of contract performance. Failure to submit the report into SAM in a timely manner may result in contractual remedies.

G.2.0 In accordance with FAR clause 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons, the Contractor is required to track and report on an annual basis the amount in pounds of hydrofluorocarbons (HFCs) or refrigerant blends containing HFCs contained in the equipment and appliances delivered under this contract. You must submit the information to the System for Award

Management (SAM).

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System

(CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS User

Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor

Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/

BLM UPPER COLORADO RIVER DISTRICT Page 8 of 65 annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the

Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Products and Commercial Services included in commercial products and commercial services contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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(End of Local Clause)

(End of Contract Administration Data)

BLM UPPER COLORADO RIVER DISTRICT Page 10 of 65

SECTION H – SPECIAL CONTRACT REQUIREMENTS

1.0 ACCESS

In the event of a site/facility closure, the Contractor shall not perform or make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

2.0 WORK HOURS

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

3.0 ENVIRONMENTAL INTERRUPTION OF WORK

3.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

3.2 Endangered Species - The Government may direct the Contractor to discontinue 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, are discovered to be present in or adjacent to the project area.

4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the

Contracting Officer immediately in writing giving the location and nature of the findings.

4.3 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 applicable clauses in the Contract

Clauses Section of this contract.

4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

5.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13

October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control

Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control

Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16

BLM UPPER COLORADO RIVER DISTRICT Page 11 of 65

U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the

Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the

United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the

Government for all such liability.

6.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

7.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification

• 52.223-2 Reporting of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

8.0 RESTORATION OF RESOURCES

8.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

8.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

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9.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

10.0 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

11.0 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.

1510-52.222-70 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT REGISTRATION

MAINTENANCE

(a) As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker

Protection, the Contractor shall maintain all necessary U.S. Department of Labor registrations during the performance period of this contract. Failure to maintain a valid registration is grounds for termination of this contract.

(b) In compliance with the Migrant and Seasonal Agricultural Worker Protection Act, the Contractor shall provide the following to meet minimum safety and health standards for housing employees when camping on Federal lands:

(1) A shelter to provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect the workers from the cold.

(2) Sanitary facilities for storing food. Ice chests or coolers, with ice supply made from potable water replenished as necessary, to meet the requirement for storage of perishable food items.

(3) An adequate and convenient potable water supply, approved by the appropriate health authority, in each camp for drinking and cooking purposes. As an alternative, commercial bottled water may be used.

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(4) Toilet and hand washing facilities adequate for the capacity of the camp, at not less than a 1:15 ratio, supplied with adequate toilet paper. Such facilities shall be maintained in a sanitary condition.

(5) Fly-tight, rodent-tight, impervious, cleanable or single service containers to be used for the storage of garbage. Such containers shall be kept clean and emptied when full.

(6) Basic first aid supplies under the charge of a person trained to administer first aid.

(7) A laundry tray or tub for every 30 workers, or transportation, at least weekly, to a commercial laundromat for all workers.

(End of Special Contract Requirements)

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SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV

2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

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(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by

Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation

(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for

Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award

Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.