140L4319Q0056_TSO_Mowing_Services.pdf

140L4319Q0056

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

05/06/2019 0040433407

1 57

1220 SW 3rd Avenue, 12th Floor

PORTLAND OR 97204

BLM OR-ST OFC PROC MGMT BR(OR952)

Multiple

BLM TYRELL SEED ORCHARD

26411 Siuslaw Road

Lorane

OR 97451-9701

503 808-6399Kanon Morris

05/21/2019 1700 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

TYRRELL SEED ORCHARD MOWING SERVICES, LORANE, OR,

BLM NORTHWEST OREGON DISTRICT

00010 BASE PERIOD

Period of Performance: 05/24/2019 to 05/23/2020

00020 OPTION PERIOD 1

(Option Line Item) 04/24/2020

Period of Performance: 05/24/2020 to 05/23/2021

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L4319Q0056

00030 OPTION PERIOD 2

(Option Line Item)

04/24/2021

Period of Performance: 05/24/2021 to 05/23/2022

00040 OPTION PERIOD 3

(Option Line Item)

04/24/2022

Period of Performance: 05/24/2022 to 05/23/2023

00050 OPTION PERIOD 4

(Option Line Item)

04/24/2023

Period of Performance: 05/24/2023 to 05/24/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

TSO MOWING, LORANE, OREGON SOLICITATION NO. 140L4319Q0056

BLM NORTHWEST OREGON DISTRICT Page 3 of 55

SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for one (1) Firm-Fixed-Price Commercial Items Services Contract for Mowing Services at Tyrrell Seed Orchard in Lorane, OR. The contract contains a one-year Base plus four (4) additional one-year term options.

BASE PERIOD – (May 24,2019 to May 23, 2020) Item No. Item Description

Estimated Quantity

Unit of Measure Unit Price Sub-Total Total

First Mowing – 20x20 ft.

spacing

188.3 ACRE $ $

First Mowing – 10x20 ft.

spacing

5.3 ACRE $ $

Second Mowing – 20x20 ft.

spacing & Open fields

429.1 ACRE $ $

Second Mowing – 10x20 ft.

spacing

5.3 ACRE $ $

TOTAL – BASE PERIOD All or None $

OPTION PERIOD ONE – (May 24, 2020 to May 23, 2021) Item No. Item Description

Estimated Quantity

Unit of Measure Unit Price Sub-Total Total

First Mowing – 20x20 ft.

spacing

190 ACRE $ $

First Mowing – 10x20 ft.

spacing

6 ACRE $ $

Second Mowing – 20x20 ft.

spacing & Open fields

435 ACRE $ $

Second Mowing – 10x20 ft.

spacing

6 ACRE $ $

TOTAL – OPTION PERIOD ONE All or None $

OPTION PERIOD TWO – (May 24, 2021 to May 23, 2022) Item No. Item Description

Estimated Quantity

Unit of Measure Unit Price Sub-Total Total

First Mowing – 20x20 ft.

spacing

190 ACRE $ $

First Mowing – 10x20 ft.

spacing

10 ACRE $ $

Second Mowing – 20x20 ft.

spacing & Open fields

435 ACRE $ $

Second Mowing – 10x20 ft.

spacing

10 ACRE $ $

TOTAL – OPTION PERIOD TWO All or None $

OPTION PERIOD THREE – (May 24, 2022 to May 23, 2023) Item No. Item Description

Estimated Quantity

Unit of Measure Unit Price Sub-Total Total

First Mowing – 20x20 ft.

spacing

190 ACRE $ $

First Mowing – 10x20 ft.

spacing

10 ACRE $ $

8 Second Mowing – 20x20 ft. 435 ACRE $ $ $

BLM NORTHWEST OREGON DISTRICT Page 4 of 55 spacing & Open fields Second Mowing – 10x20 ft.

spacing

10 ACRE $ $

TOTAL – OPTION PERIOD THREE All or None $

OPTION PERIOD FOUR – (May 24, 2023 to May 23, 2024) Item No. Item Description

Estimated Quantity

Unit of Measure Unit Price Sub-Total Total

First Mowing – 20x20 ft.

spacing

190 ACRE $ $

First Mowing – 10x20 ft.

spacing

10 ACRE $ $

Second Mowing – 20x20 ft.

spacing & Open fields

435 ACRE $ $

Second Mowing – 10x20 ft.

spacing

10 ACRE $ $

TOTAL – OPTION PERIOD FOUR All or None $ GRAND TOTAL – BASE plus OPTION PERIODS ONE – FOUR $

Estimated Timing of Work:

First Mowing: Estimated Start Work Date: May 27 of Base Year & Option Years Performance time: 15 days

Second Mowing: Estimated Start Work Date: July 15 of Base Year & Option Years Performance time: 21 days

PERFORMANCE PERIOD: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM NORTHWEST OREGON DISTRICT Page 5 of 55

STATEMENT OF WORK

1.0 GENERAL

1.1 Description of Work - The Contractor shall provide mowing services to mow the orchard vegetative ground cover twice annually. Typically, more acres will be assigned for the Second Mowing than for the First Mowing.

1.2 Location of Project – The Contractor will provide mowing services at the Bureau of Land

Management’s (BLM) Tyrrell Seed Orchard (TSO) near Lorane, Oregon. Tyrrell Seed Orchard has two Sections requiring mowing, Section 9 and Section 15. A vicinity map and a Section map are attached.

1.3 Access To Project Area – The Contractor shall access all TSO mowing sites on gravel surfaced roads.

The Contractor shall only drive into the orchards those vehicles used for mowing and maintenance of mowing equipment. The Contractor may need a four-wheel drive vehicle in the orchards for use during maintenance operations of mowing equipment.

1.4 Unique Features of the Project Area – Aspect in the TSO orchards is varied, with mostly gentle slopes of less than 12%; however, slopes up to 35% are present.

Most orchards have tree positions (see 2.0 Definitions) that are at approximately 20 x 20 foot spacings.

Some orchards have tree positions that are at approximately 10 x 20 foot spacings. Some orchards may have sections of both spacings.

A two-wheel drive tractor is suitable for operations in most of the orchards except for periods of wet weather. A four-wheel drive tractor is recommended for use on steeper ground and during periods of wet weather. Due to low tree branches, a low-profile orchard tractor or a tractor with protection around the operators platform is recommended, both for operator safety and to minimize equipment damage.

Stumps may be present in tree positions, though most stumps have been either ground up or cut flush to the ground. The Contractor is advised not to cut turns short at the end of rows and to operate only within the mowing lanes (see 2.0 Definitions).

Though the Government attempts to remove large debris, material such as branches, tree tops, wood chunks, etc. may be present in areas to be mowed and may present a hazard to the Contractor’s mowing operation. The Contractor shall use their best judgement as to whether to go around an object or not.

The Government assumes no responsibility for damage to the Contractor’s equipment.

1.5 Timing – The Contractor shall provide mowing services for the First Mowing beginning on the start date of approximately May 15 [start date to be determined by the Contracting Officer Representative (COR)]. The Contractor shall complete the First Mowing within 15 calendar days following the First Mowing start date.

The Contractor shall provide mowing services for the Second Mowing beginning on the start date of approximately July15 (start date to be determined by the COR). The Contractor shall complete the Second Mowing within 21 calendar days following the Second Mowing start date.

BLM NORTHWEST OREGON DISTRICT Page 6 of 55

2.0 DEFINITIONS

Major Damage of an Orchard Tree - Severance of the main tree stem or a major injury to the tree bole affecting more than one-half the circumference of the cambium.

Minor Damage of an Orchard Tree - Damage to the cambium on less than one-half the circumference of the tree bole.

Mowing lane – The north-south and east-west rows between tree positions and just outside the last tree positions of orchard units.

Orchard unit - A group of genetically improved trees selected from a specific geographic area used for producing seed for reforestation material and genetic testing.

Phase 2 Orchard - An open, cleared area containing vegetative ground cover that is designated for future orchard development.

Tree - An individual member of a particular clone.

Tree Position - Potential location where a tree could be planted in an orchard unit (based on a 20 x 20 foot or 10 x 20 foot spacing grid).

3.0 CONTRACTOR FURNISHED ITEMS & REQUIREMENTS

3.1 The Contractor shall provide all necessary equipment, tools, labor, transportation and materials necessary to accomplish mowing operations except for those items specified under 4.0, Government-furnished items.

3.2 The Contractor shall maintain an adequate work force at all times to ensure timely completion of the work. The Contractor shall be responsible for the operator(s) knowing and performing the requirements of the contract. The Contractor shall attend the prework meeting and present a written performance plan which includes crew size, estimated production rates, and scheduling.

3.3 Prior notice must be given by the Contractor to the Contracting Officer (CO) if there is to be a significant change in crew personnel or working schedule. The Contractor shall keep the COR informed of progress and delays.

3.4 Supervisor Requirements – A person designated by the Contractor as supervisor must actually perform in that capacity. The supervisor must, therefore, effectively direct the crew by (1) making periodic inspections of the crew’s work, (2) advising them of deficient work, and (3) providing instructions for correcting such deficiencies. The supervisor shall be capable of speaking and reading English well enough to ensure adequate communication with the COR and Project Inspector (PI). Any group of people without such an individual will not be considered a crew. Any changes in supervisor designations must be submitted in writing by the Contractor to the CO at least 24 hours prior to the change taking effect.

The Contractor’s supervisor shall know the requirements of the contract including technical requirements. The COR and PI will not act as a supervisor to the crew.

3.5 Fire Danger Season – If the COR allows the Contractor to continue work during periods of Closed Fire

Season, the Contractor shall comply with all applicable State laws relating to fire prevention and with all special conditions of work as determined by the CO.

BLM NORTHWEST OREGON DISTRICT Page 7 of 55

The Contractor shall daily check for current fire precaution levels with Oregon Department of Forestry (ODF) and/or BLM Northwest Oregon District and shall follow the procedures given by them.

4.0 GOVERNMENT-PROVIDED MATERIAL

4.1 Gate Keys – TSO will issue a gate key(s) to the Contractor at the prework conference. The key(s) will be issued with a Receipt For Property form. The Contractor shall return the key(s) to the COR prior to final payment or payment may not be approved. The Contractor will be charged $100.00 for each key lost or returned in an unusable condition.

4.2 Maps – The acres assigned to be mowed are estimated and will vary from year to year. Each year, TSO will provide maps for First and Second Mowing.

5.0 SPECIFIC TASKS

5.1 Over the course of the First and Second Mowing, the Contractor shall mow the vegetative ground cover in and around orchard units and in Phase 2 orchards (see 2.0 Definitions) assigned by TSO. The orchards assigned in the First Mowing, may differ from the orchards assigned in the Second Mowing.

Maps showing assigned orchards will be provided by the COR.

5.2 The Contractor shall use a rotary or flail mower for all mowing operations.

5.3 The Contractor shall operate the Contractor’s tractor down the center of each mowing lane (see 2.0

Definitions) in the orchard units, to minimize breakage of lower limbs.

5.4 Twenty x Twenty (20 x 20) foot spacing – In assigned orchard units with tree positions of 20 x 20 foot spacing, the Contractor shall mow a fifteen (15) foot width in both north-south and east-west directions, leaving approximately a 2.5 x 2.5 foot square of uncut vegetation at each orchard position to avoid hitting trees, tree tags on pins, and possible stumps.

5.5 Ten x Twenty (10 x 20) foot spacing – In assigned orchard units with tree positions of 10 x 20 foot spacing, the Contractor shall mow a fifteen (15) foot width in the north-south direction and shall mow a six (6) foot width in the east-west direction, leaving approximately a 2.5 x 2.5 foot square of uncut vegetation at each orchard position to avoid hitting trees, tree tags on pins, and possible stumps.

5.6 The Contractor will be charged for Contractor damage to orchard tree trunks (see Major and Minor

Damage in 2.0 Definitions, and 8.2 Payments).

5.7 Orchard perimeters – During the Second Mowing only, the Contractor shall mow the remaining vegetation surrounding each assigned orchard unit. If a fence line is on the perimeter, the Contractor shall mow within one (1) foot of the fence line.

5.8 Phase 2 orchards – During the Second Mowing only, the Contractor shall mow 100% of each assigned

Phase 2 orchard. If a fence line is on the perimeter of an assigned Phase 2 orchard, the Contractor shall mow within one (1) foot of the fence line.

5.9 Tyrrell Seed Orchard will determine the proper mowing height in each orchard. The mowing height is typically six (6) inches.

5.10 For First and Second Mowings, TSO may assign an order of priority to orchards units. Typically the assigned order will allow for one Section (Section 9 or 15) to be completed before moving to the other Section.

BLM NORTHWEST OREGON DISTRICT Page 8 of 55

5.11 The Contractor shall perform fueling and oiling operations at least 100 feet away from streams, stream beds, ponds, ditches, etc. The Contractor shall have fluid containment devices available, and use them when appropriate, during servicing of equipment.

5.12 All vegetative material will remain the property of the Government, i.e. no harvesting allowed, unless otherwise arranged with the Government.

5.13 The Government is not responsible for any Contractor equipment left on site.

6.0 INSPECTION

6.1 All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals. Government inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

6.2 Based on periodic Government inspection results, if work quality is unacceptable, the CO will immediately notify the Contractor in writing and instruct the Contractor to improve the quality of the work, and rework, at no additional expense to the Government, orchards that are not mowed adequately. If the quality of the work is not raised to an acceptable level within one day after written notification, the CO may issue a suspend work order during which time contract performance time will continue to run.

6.3 When the Contractor has completed the assigned mowing and is ready for inspection, the Contractor shall inform the COR. The COR will inspect as promptly as possible.

6.4 The COR will visually inspect mowing results to verify compliance with contract specifications. This includes, but is not limited to: the residual grass height, quality and consistency of cut, width of mowed area, and survey for mowing-induced tree damage (see 8.2 for charges to the Contractor for damaged trees).

7.0 ACCEPTANCE

7.1 Acceptable Quality Level - A minimum work quality percentage (WQP) of 100% is required. If the

WQP percentage is below 100%, the CO shall immediately notify the Contractor in writing and instruct the Contractor to rework the unsatisfactory areas until satisfactory work quality is obtained.

7.2 Acceptance will be based upon a 100% WQP of the assigned mowing. The Contractor has the option to invoice for partial payments, i.e. one invoice after the acceptance of the First Mowing, and the second after acceptance of the Second Mowing.

8.0 PAYMENT

8.1 Payment will be made at the contract unit price. No additional payment will be made if rework is necessary.

8.2 A charge of $665.00 per tree will be assessed for any orchard tree found with major damage caused by the Contractor during mowing. A charge of $66.50 will be assessed on an individual orchard basis for minor damage found on more than one tree per every three acres. (See 2.0 for definitions of major and minor damaged orchard trees.)

(End of Statement of Work)

BLM NORTHWEST OREGON DISTRICT Page 9 of 55

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 NORTHWEST OREGON DISTRICT Page 10 of 55

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to 5 years if options are exercised.

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:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

BLM NORTHWEST OREGON DISTRICT Page 11 of 55

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.

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 in the Past Performance Information Retrieval System (PPIRS) 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 http://www.cpars.csd.disa.milJ. 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 http://www.cpars.csd.disa.mil/. 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 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.

BLM NORTHWEST OREGON DISTRICT Page 12 of 55

(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 Items included in commercial item 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.

(End of Local Clause)

(End of Contract Administration Data)

BLM NORTHWEST OREGON DISTRICT Page 13 of 55

SPECIAL CONTRACT REQUIREMENTS

1.0 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.

2.0 ENVIRONMENTAL INTERRUPTION OF WORK

2.1 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.

2.2 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.

3.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

3.1 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.

3.2 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.

3.3 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.

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

4.0 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 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

BLM NORTHWEST OREGON DISTRICT Page 14 of 55 subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

5.0 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.

6.0 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 Affirmative Procurement 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 52.223-15 Energy Efficiency in Energy Consuming Products 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

7.0 RESTORATION OF RESOURCES

7.1 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.

7.2 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.

8.0 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

BLM NORTHWEST OREGON DISTRICT Page 15 of 55 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.

9.0 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

10.0 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.

The following clause is provided in full text:

FIRE REQUIREMENTS PROCEDURES OUTLINE

This outline covers the fire protection requirements of a contractor or private party who performs service or construction contracts on BLM land. In western Oregon, the BLM allows Oregon Forest Law (ORS) and Oregon Administrative Rules (OAR) to apply to these operations on BLM lands rather than develop similar rules applicable only to BLM lands.

1. CLOSED FIRE SEASON

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

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

Fire tools must be on site;

Fire extinguisher must be in all vehicles;

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

Only unmodified saws are to be used in the forest;

Approved spark arresters must be on all internal combustion engines;

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

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

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

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

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Permits to operate power-driven machinery shall be obtained by the Contractor prior to commencing operations unless waived by a representative of the State Forester (ORS 47.625).

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

2. FIRE PRECAUTION LEVELS

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

It is the responsibility of the individual operating on forest land to know the precaution level for the day and take the correct fire precautions. There are no precaution levels prior to the closed fire season. Each fire precaution level requires adherence to the restrictions applicable to all lower levels in addition to the limits placed by that level.

Level 1 is the lowest level of fire danger usually occurring early in the season and perhaps again after significant rainfall during the season. All requirements listed above apply. Waivers may be issued by the State Districts or Protective Associations and these MUST be approved by the BLM. Waivers will only be considered if the conditions on the work site are not as severe as predicted. The requirements for fire tools on site, screens installed in saws, and fire extinguishers with saws will not be waived.

Level 2 is the partial hootowl where saws can operate from first light in the morning until 1:00 p.m. in the afternoon.

From 1:00 p.m. until the end of the day saws are to be shut down. Waivers for operating beyond the 1:00 p.m.

shutdown will be evaluated on a site-by-site basis.

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

Level 4 is the general shutdown of all contractor operations. Waivers will not be issued. Landowners are permitted entry into their lands.

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

NUMBER OF PERSONNEL_______________________________

1- 4 5 6 7 8 9 10 11 12 13 14

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

Pulaskis 1 1 1 1 1 1 2 2 2 2 2

Shovels 2 2 2 3 3 3 3 4 4 5 5

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Hazel hoes 1 2 3 3 4 5 5 5 6 6 6

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

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

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

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

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

(End of Special Contract Requirements)

BLM NORTHWEST OREGON DISTRICT Page 18 of 55

CONTRACT CLAUSES

The following provision is incorporated by reference:

Clause Title Date

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

Clause Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2016

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

SEPT 2013

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

MAY 2008

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

DEC 2013

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

(DEVIATION 2015-02) (FEB 2015)

(a) The contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

(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

BLM NORTHWEST OREGON DISTRICT Page 19 of 55 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 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;

(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;

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(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.

(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—

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(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)…