140L4322Q0081_Seed_Extraction_HSO_TSO_Full_Package.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

CODE 16. ADMINISTERED BYCODE

X

X

X

113210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLHA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/25/2022 1430 PD

04/15/2022

(503) 808-6521Tiffany Eslinger (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4322Q0081

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 63 0040566218OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM OR-ST OFC PROC MGMT BR(OR952)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Seed Extraction & Processing, Horning and Tyrrell Seed Orchards, BLM Oregon State Office

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.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Courtney Casavan

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Legacy Doc #: BLM

Delivery: 05/31/2023

Period of Performance: 09/15/2022 to 05/31/2023

00010 Seed Extraction & Processing, Horning

Product/Service Code: F009

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

Delivery Location Code: 0004276587

BLM-OR SALEM DISTRICT OFFICE*

HORNING SEED ORCHARD

27004 S SHECKLY RD

COLTON OR 97017 US

00020 Seed Extraction & Processing, Tyrrell

Product/Service Code: F009

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

Delivery Location Code: 0010183604

BLM TYRELL SEED ORCHARD

26411 Siuslaw Road

Lorane OR 97451-9701 US

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

63 2 of

SEED EXTRACTION & PROCESSING, SOLICITATION NO. 140L4322Q0081

HORNING AND TYRRELL SEED ORCHARDS Page 3 of 64

BLM OREGON STATE OFFICE

SERVICES AND PRICES

This is a one (1)-year firm-fixed price commercial items services contract for tree seed extraction and processing for Horning Seed Orchard, near Colton, OR and for Tyrrell Seed Orchard, near Lorane, OR.

A contractor may provide a bid for services at one or both orchards.

For Horning Seed Orchard, contractors can bid on Item 0001-0002, Items 0003-0007, or all Items 0001- 0007.

Horning Seed Orchard (HSO)

Item no. Item Description Estimated Quantity

Unit of Measure Unit Price Total

Douglas-Fir Bulk - Seed Extraction & Processing for

HSO

243 BU

Douglas-Fir Clonal -Seed Extraction & Processing for

HSO

1051 BU

Total Estimated Quantity 1294

ITEM 0001-0002 ALL OR NONE - TOTAL

Noble Fir Clonal - Seed Extraction & Processing for

HSO

700 BU

Western Redcedar Bulk - Seed Extraction & Processing for

HSO

20 BU

Western Hemlock Bulk -Seed Extraction & Processing for

HSO

205 BU

Western White Pine Bulk -Seed Extraction & Processing for

HSO

200 BU

Sugar Pine Bulk -Seed Extraction & Processing for

HSO

100 BU

Total Estimated Quantity 1225

ITEMS 0003-0007 ALL OR NONE - TOTAL

HORNING ITEMS 0001-0007 – GRAND TOTAL

BU = Bushel

ESTIMATED START WORK DATE for Horning: September 15, 2022

HORNING AND TYRRELL SEED ORCHARDS Page 4 of 64

BLM OREGON STATE OFFICE

Tyrrell Seed Orchard (TSO)

Item no. Item Description Estimated Quantity

Unit of Measure Unit Price Total

Douglas-Fir Clonal - Seed Extraction & Processing for

TSO

1,000 BU

Douglas-Fir Bulk - Seed Extraction & Processing for

TSO

650 BU

Sugar Pine Bulk -Seed Extraction & Processing for

TSO

12 BU

TYRRELL ITEMS 0008-0010 ALL OR NONE - GRAND TOTAL

COMBINED HSO & TSO ALL ITEMS 0001-0010 GRAND TOTAL

BU = Bushel

ESTIMATED START WORK DATE for Tyrrell: September 15, 2022 PERIOD OF PERFORMANCE: September 15, 2022 – May 31, 2023 OPERATIONAL PERFORMANCE TIMES:

Pick-up: Between September 15 to the following January 31, the Contractor shall transport all cones from the Government facility. The Government will select the order in which cones are transported and extracted.

Deliveries: The Contractor shall have approximately 25% of the bushels processed and seed delivered by January 15, 50% by March 1, 75% by April 1, and 100% by May 31 of the calendar year following the year the cones were harvested.

(End of Supplies/Services and Prices/Costs)

HORNING AND TYRRELL SEED ORCHARDS Page 5 of 64

BLM OREGON STATE OFFICE

STATEMENT OF WORK

1.0 GENERAL

1.1 Description of Work

The Government’s Bureau of Land Management (BLM) Walter Horning Seed Orchard and Travis Tyrrell Seed Orchard are soliciting services for tree seed extraction and processing.

Contractors can bid on one or both Seed Orchards. For Horning, contractors can bid on some or all their Items (see specifics in Supplies or Services and Prices/Costs).

The purpose of this contract is to provide clean seed for BLM and cooperative reforestation and restoration programs. The Contractor shall furnish all transportation, supervision, labor and necessary tools, supplies, equipment, and storage facilities needed to successfully transport cones from the BLM facility(s) to Contractor’s facility, organize bulk and clonal lots, extract, process, clean, package and deliver seed to the Seed Orchard(s) from cones provided by the Seed Orchard(s).

1.2 Locations - Cones are located at:

BLM Walter Horning Seed Orchard, 27004 S. Sheckly Rd., Colton, OR 97017, and BLM Travis Tyrrell Seed Orchard, 26411 Siuslaw River Rd., Lorane, OR 97451.

2.0 DEFINITIONS

Barlock - A plastic, fastener that can only be tightened, for securing the bag opening. Also called a zip-tie.

Bulk Lot - A cone lot which includes collection from more than one clone. Cones are mixed with those of other specified clones in the same orchard. There can be multiple bulk lots per orchard. Cones are identified with tags that specify a seed orchard and lot identification number or the word “BULK”. A colored tag may also be a distinguishing factor for a bulk lot, as determined by the Government.

Bushel - Non-Sugar Pine Species = Eight U.S. dry gallons. The conversion is as follows: 1 U.S.

bushel = 35.23907017 liters = 8 dry gallons = 9.309177489 liquid gallons.

Sugar Pine: 1 U.S. bushel = approximately 17 cones.

Clonal Lot - Cones harvested from an individual clone. Cones are identified with tags that specify the orchard, row, column, breeding unit, stand, and tree number.

Cone Identification Tag - A plastic or paper tag that is attached to each filled cone bag (also called a cone tag or cone collection tag).

HORNING AND TYRRELL SEED ORCHARDS Page 6 of 64

Cone Lot - A pre-determined group of cones designated for seed extraction.

Filled seed – Seeds filled with seed tissue having a normal appearance as distinguished from empty, partially empty, or insect filled.

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

Purity - percentage of pure seed, by weight, in a seed lot that may also contain debris.

Regular Extraction - Seed that should be processed and delivered to the Government no later than May 1 of the following year it was harvested.

Seed Lot – A bulk lot, clonal lot or cone lot after the seed has been extracted.

3.0 CONTRACTOR-FURNISHED ITEMS - The Contractor shall furnish all transportation, supervision, labor and necessary tools, supplies, equipment, and storage facilities needed to successfully transport cones from the BLM facility(s) to Contractor facility, organize bulk and clonal lots, extract, process, clean, package and deliver seed to the Seed Orchard(s) from cones provided by the Seed Orchard(s).

4.0 GOVERNMENT-FURNISHED ITEMS - The BLM will provide cone lots and an electronic inventory (spreadsheet) of the number of bushels and bags of cones for each cone lot. Each of the cone bags will be tagged with identification. Clonal lots are identified by orchard unit, breeding unit, stand, tree number and measurement of cones. Bulk lots are identified by orchard unit, the word “BULK”, and measurement of cones.

5.0 SPECIFIC TASKS

5.1 Cone & Seed Transport

5.1.1 Between September 15 of the calendar year the cones were harvested to January 31of the next year, the Contractor shall transport all cones from the Government facility to the Contractor facility and shall organize each clonal and bulk lot based on the Government provided electronic inventory. The Government will select the order in which cones are transported and extracted.

5.1.2 The Contractor shall transport cones in a covered truck or trailer to protect them from all moisture (rain, dew, etc.). The Government might allow uncovered transport during dry conditions.

HORNING AND TYRRELL SEED ORCHARDS Page 7 of 64

5.1.3 Deliveries of finished seed – The Contractor shall have approximately 25% of the bushels processed and seed delivered by Jan. 15, 50% by March 1, 75% by April 1, and 100% by May 1 of the calendar year following the year the cones were harvested.

5.2 Items to Note

5.2.1 The Government will pay for any clonal or bulk lot that is less than 2.0 bushels, as if it were a 2.0-bushel lot (example: if a lot is 0.7 bushels, payment will be made for 2.0 bushels).

5.2.2 The Government may have both clonal and bulk lots from the same orchard unit, or several bulk lots from a single orchard.

5.2.3 For most species, the Government places anywhere from 0.1 to 0.6 bushel of harvested cones into each bag, with most bags containing 0.5 bushel of cones. For noble fir, the Government may place anywhere from 0.1 to 1.0 bushel of harvested cones into each bag.

5.2.4 For sugar pine and western white pine, the Contractor will possibly receive cone bags that contain several disposable cloth insect protection bags each containing individual cones or cone clusters. Sugar pine typically has one or two cones per cloth bag, while western white pine may contain up to six. The Contractor shall remove cloth bags from the cones and seeds prior to placing cones into seed extraction equipment. The cloth bags tend to be very pitchy and the Contractor can dispose of the cloth insect protection bags once the cones and seed are removed.

5.3 Extraction and Processing

5.3.1 Once the cones leave the Government facility, the Contractor shall take care of the cones and seeds in a manner that prevents mold development and prevents damage of any kind to the cones, seeds, and seed coats.

5.3.2 The Contractor shall treat each clonal lot and bulk lot (see 2.0 Definitions) as a separate entity, i.e., no mixing seed from one clone with another clone. The Contractor shall clean seed extraction and processing equipment before starting a different seed lot.

5.3.3 The Contractor shall extract at least ninety-five percent (95%) or more of the seed from each cone. If not able to extract 95% or greater in any cone lot, the Contractor shall bring it to the attention of the COR at that time or within one business day of issue, to discuss why.

5.3.4 The Contractor shall de-wing the seed and remove: debris, empty seed, and insect damaged seed from the extracted seed to obtain a purity of at least ninety-six percent (96%) or greater and obtain a filled-seed percent of ninety percent (90%) or greater (filled seed & purity, see

2.0 Definitions). Throughout all extraction and processing, the Contractor shall not damage nor lose more than two percent (2%) of filled seed.

5.3.5 A written explanation to the COR will be required from the Contractor for any seed lot (see

2.0 Definitions) that falls below the above stated quality standards for extracted seed, purity, filled seed, and loss/damage. If a large number of seed lots prove difficult to reach 90% filled seed, the Contractor shall notify the COR as soon as possible to discuss options. The

HORNING AND TYRRELL SEED ORCHARDS Page 8 of 64

Government may require the Contractor to hatch insects contained in the seed and process further to meet the quality standards.

5.3.6 After a seed lot is cleaned to meet the purity and filled-seed requirements, the Contractor shall test each seed lot and make any needed adjustments of drying seed further or rehydrating to meet the appropriate seed moisture range as shown in the following table:

Species Moisture Content (%)

Douglas‐fir 5‐9

Sugar Pine 5‐10

Ponderosa Pine 5‐10

Western White Pine 5‐10

Western Redcedar 5‐10

Western Hemlock 6‐9

Noble Fir 6‐9

The Woody Plant Seed Manual July 2008

5.3.7 The Contractor shall use a metric scale, which can measure to the nearest 0.01 gram. After a seed lot is cleaned to meet the purity, filled-seed, and moisture content requirements, the Contractor shall measure the weight of 100 seed to the nearest 0.01 gram, and the weight of the total seed-lot to the nearest 0.1 gram and document in the provided electronic spreadsheet.

5.4 X-rays, Data, and Packaging

5.4.1 The Contractor shall provide to the Government one (1) final x-ray for each five (5) pounds of finished seed per clonal seed lot [example: 6.5 lbs. of seed in a clonal seed lot would require one (1) x-ray, while 10.6 lbs. of seed in a clonal seed lot would require two (2) x-rays].

Additionally, the Contractor shall provide one (1) final x-ray to the Government for each twenty (20) pounds of finished seed per each bulk seed lot. The Contractor is required to provide a minimum of one (1) final x-ray for any seed lot. The Contractor shall x-ray a 100 seed grab-sample from within the seed lot, and if taking multiple x-rays, samples shall be taken from different portions of the seed lot. The Contractor shall label these x-rays with year of harvest, orchard unit, and breeding unit-stand-tree number or bulk identification. The Contractor shall deliver x-rays to the Government at the time of seed delivery.

5.4.2 100-seed Sample – The COR shall mark on the Government provided spreadsheet seed lots for the Contractor to package samples from. For those seed lots, when the seed requirements have

HORNING AND TYRRELL SEED ORCHARDS Page 9 of 64 been met by the Contractor, the Contractor shall package a 100-seed sample along with one of its cone identification tags. (This could be the 100 seed from the final x-ray of the seed lot.)

5.4.3 The Contractor shall use the Government provided electronic spreadsheet to document the following information for each seed lot:

a. Number of Bushels processed. If different from Governments recorded Bushels, the Contractor shall update the record, and highlight the change in yellow.

b. Number of Bags processed. If different from Governments recorded Bags, the Contractor shall update the record, and highlight the change in yellow.

c. Weight in grams (to the nearest 0.1 g.)

d. Percent seed moisture (in range according to Table under 5.3)

e. Percent filled seed (90% or greater)

f. Percent purity (96% or greater)

g. Weight of 100 seeds in grams (to the nearest 0.01 g.)

5.4.4 The Contractor shall use clear plastic, six mil or greater thickness, to package the seed lots.

The Contractor shall double seal each package to guarantee that no seed is lost and to maintain seed moisture. The Contractor shall package each seed lot and its’ cone identification tags separate from other seed lots, and package so that the seed lot ID is visible.

The Contractor shall place the packaged seed in cardboard boxes, with no more than 30 pounds per box.

5.4.5 The Contractor shall deliver finished and packaged seed to the Government facility from which it was harvested, after making arrangement with that facility.

5.5 Cone Bags

5.5.1 The Contractor shall pull inside out the emptied cone bags and sort cone bags into two groups:

those damaged with tears/holes/cable tied holes, and those without damage. Continuing to keep the two groups separate, the Contractor will place 24 cone bags inside one cone bag, for a bundle of 25 bags. The Contractor shall label each bundle of 25 as either “good” (no tears/holes) or “bad” (with tears/holes). In addition, if a bundle is less than 25 cone bags, the Contractor shall write the number of bags on the label. The Contractor shall keep cone bags dry and return them to the Government facility from which they came from by the final seed delivery date.

(End of Statement of Work)

HORNING AND TYRRELL SEED ORCHARDS Page 10 of 64

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)

HORNING AND TYRRELL SEED ORCHARDS Page 11 of 64

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from September 15, 2022, for a period up to 1 year.

Refer to Section 5.1.3 of the SOW for performance milestones.

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)

HORNING AND TYRRELL SEED ORCHARDS Page 12 of 64

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

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.

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

HORNING AND TYRRELL SEED ORCHARDS Page 13 of 64

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

HORNING AND TYRRELL SEED ORCHARDS Page 14 of 64

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 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 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

8.0 RESTORATION OF RESOURCES

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

HORNING AND TYRRELL SEED ORCHARDS Page 15 of 64

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.

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.

The following clause is provided in full text:

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.

HORNING AND TYRRELL SEED ORCHARDS Page 16 of 64

(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.

(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 clause)

HORNING AND TYRRELL SEED ORCHARDS Page 17 of 64

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.

• 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.

HORNING AND TYRRELL SEED ORCHARDS Page 18 of 64

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

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)

HORNING AND TYRRELL SEED ORCHARDS Page 19 of 64

CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

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

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

NOV 2021

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

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

SERVICES (NOV 2021)

(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1

HORNING AND TYRRELL SEED ORCHARDS Page 20 of 64

(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;

(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.

https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

HORNING AND TYRRELL SEED ORCHARDS Page 21 of 64

(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-

(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.

https://www.acquisition.gov/far/part-52#FAR_52_212_5

HORNING AND TYRRELL SEED ORCHARDS Page 22 of 64

(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. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2…