140L4324Q0019__-_Combined_Synopsis_Soliciation_-_Orchard_Tree_Planting.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR parts 13.5 and additional information included in this notice.

The Bureau of Land Management intends to award a Purchase Order for Orchard Tree Planting Services as represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06, effective date 12-4-2023.

This requirement is being solicited as a 100% Small Business set-aside. The Government will award an IDIQ contract resulting from the comparative evaluation of quotes received in response to this solicitation in evaluating price and past performance.

GENERAL INFORMATION

Request for Quotation: 140L4324Q0019

North American Industry Classification Code (NAICS): 115310 Size Standard: $20.5M

Competition: 100% SMALL BUSINESS SET-ASIDE

QUOTES DUE: February 2, 2024, 10:00 AM Pacific Daylight Time

Request for Information/ Questions Due: January 30, 2024 @ 1:00 PM Pacific Daylight Time

Email to: dfobbs@blm.gov

Business Information:

Business Name: ___________________________

SAM UEI Number: _________________________ mailto:dfobbs@blm.gov

PRICE SCHEDULE

Item Description Qty Unit Price Total

Horning – Orchard Tree Planting

1A Auger Plant T1 Container Seedling 170 TR $ $_______ 20 x 20 – White Fir (C95), WF

2A Auger Plant T1 Container Seedling 116 TR $ $________ 7 x 14 – MEDTIC Preservation (P15), DF

2B Auger Plant T1 Container Seedling 389 TR $ $________ 10 x 20 – Central Coast (C99), DF

3A Auger Plant T1 Container Seedling 378 TR $ $________ 8 x 20 – Shasta (C93), DF

3B Auger Plant T1 Container Seedling 195 TR $ $________ 10 x 20 – N. CA Coast 1.5 (C94), DF

4A Auger InterPlant T1 Container Seedling 9 TR $ $________ 10 x 20 – NF (C53, C54)

5A Auger InterPlant T1 Container Seedling 34 TR $ $________ 10 x 20 –DF (P90)

6A Auger InterPlant T1 Container Seedling 4 TR $ $________ 20 x 20 –WH (P14)

6B Auger InterPlant T1 Container Seedling 20 TR $ $________ 20 x 20 –WRC (C91, C92))

7A Mulch Mat Installation 1315 EA $ $________

7B Vexar Tube Installation, All

DF, WF, WRC 1311 EA $ $________

7C Install Scalp, All Interplants 67 EA $ $________

7D Install Scalp, Initial plants 1248 EA $ $________

7E Install 2 Fertilizer Packets in Planting Hole 1315 EA $ $________

TOTAL ALL ITEMS $________

Vendors shall enter a unit price for each sub-item listed above, and then multiply the unit price by the estimated quantity to obtain the total amount.

OPTION FOR INCREASED QUANTITIES: This contract allows for variation in quantities (increased or decreased) not to exceed 20% of the total contract price. The additional quantities shall be similar in all characteristics to those set forth in the contract.

SITE VISIT

Offerors or quoters are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

PERFORMANCE PERIOD: 90 days after project is awarded.

This is a contract for scalping, auger planting grafted conifer seedlings, inserting fertilizer packets or tablet into auger holes, installing paper or VisPore mulch mats, and installing animal protection tubes (Vexar®).

The quantities listed above are estimated quantities anticipated to be ordered by the Bureau of Land Management throughout the contract.

The start date is weather dependent.

PERFORMANCE WORK STATEMENT

1.0 GENERAL

1.1 Scope of Work – Install scalps, plant tree seedlings with a nine (9) inch diameter auger

(minimum size), place two fertilizer packets or one tablet into auger holes while planting seedlings, install mulch/poly mats and install animal browse protection tubes in project units in compliance with the terms and specifications contained herein. Note: the work must follow in this order. (See section 5.5-5.7 for in depth details)

1.2 The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and incidental services necessary, except for those designated as Government-Furnished Property, to perform scalping, tree planting, fertilizing, matting, and tubing as described in this Performance Work Statement (PWS) or Statement of Work (SOW).

1.3 Location of Work – Scalping, planting, fertilizing, mulching and tubing activities will take place at the BLM Horning Seed Orchard near Colton, Oregon. See Attachment 1 -Horning Seed Orchard Vicinty Map”, Attachment 2 - “Horning Planting Locations”.

1.4 Access to Project Area – Access to project areas is by gravel surfaced roads using a two-wheel drive vehicle. Driving in orchard units, if approved by the Contracting Officer’s Representative (COR) or Project Inspector (PI), may require a four-wheel drive vehicle.

1.4.1 Gate keys may be supplied to the Contractor after the contract is awarded. The keys shall be returned to the Contracting Officer’s Representative (COR) in a usable condition before task order final payment is made. The Contractor shall be charged $100.00 for each key lost or returned in an unusable condition.

1.5 Features of the Project Units – Orchard aspects are varied, with mostly flat to gentle slopes less than 10%. New planting units will be rototilled by the Government in late summer before planting at Horning. The contractor shall be required to install scalps at the planting spots.

Specifics regarding individual units planting can be found Attachment 2 - “Horning Planting Locations” for Horning.

1.6 Boundaries of Project Units – Project unit boundaries are within the fenced enclosure of the seed orchards refered to in Attachment 1 -Horning Seed Orchard Vicinty Map.

2.0 DEFINITIONS

Camlock – A wire staple made of 9 gauge wire 8”x 1.25” in overall dimension and comprised of one 8” leg and one 3” leg. Ten camlocks are used to anchor a 3’ x 3’ paper mulch mat. See Attachment 9 “10 Pin Paper Mulch Installation” for illustration.

Cotyledon scar – The point at which the tree stem meets the top of the root(s).

Fertilizer Packet – A biodegradable packet measuring about 2 ½" x 2 ½" containing a forestry blend of fertilizer (typically a 24-10-6 mix; nitrogen, phosphorous & potassium with minor amounts of other essential minerals) that is placed in the planting hole along with the seedling. The packet provides about 12 months of slow-release fertilizer for the growing seedling.

Grafted Seedling – A seedling comprised of two parts: scion and rootstock. Seedlings will have a noticeable bulge at the graft union where the two parts are joined.

Paper Mulch Mat (Mulch Mat, Mat, or Matting) – A sheet of Kraft paper (3’ x 3’) with asphalt interlining that is slit crossways in the middle. Glass fiber scrim reinforcing may or may not be present. Black shade cloth matting (3’ x 3’) may be used in the place of Kraft paper matting at Horning. See attachment No. 8.

Performance Work Statement (PWS) – Specific requirements the Contractor must meet in performance of the contract. The PWS contains required services (tasks/critical subtasks), performance standards, acceptable quality levels, and incentives/disincentives.

Planting Medium – The material a potted tree is growing in, such as a potting soil with perlite.

Pruning – Cutting of tree seedling tops, roots, or branches.

Quality Control – Those actions taken by a Contractor to control the performance of services to ensure services meet the requirements of the SOW.

Scalping – Removal of all vegetation, slash, and duff (partially decayed organic matter on the soil surface) so that a 3 ft. x 3 ft. paper mulch mat with a seedling in the middle can be laid flat on the exposed mineral soil. This may require a squared scalp slightly larger than 3 ft. x 3 ft.

Scion – The portion of wood above a graft union. This portion of the grafted tree takes on the characteristics of the parent tree from which it was collected.

Space blanket – A reinforced plastic tarp faced on one (1) side with reflective material, used to protect tree seedlings from direct sunlight, frost, and wind.

Statement of Work (SOW) – A document which describes the work that the contractor needs to accomplish and directs the contractor how to accomplish the work.

(https://www.dau.edu/aap/pages/ArticleContent.aspx?itemid=18384)

512– Potted nursery stock consisting of a containerized grafted seedling. Dimensions of the container are approximately of 5.3”x5.3” width and 12” depth

T1– Potted nursery stock consisting of a containerized grafted seedling. Dimensions of the container are approximately 4” x 4” x 12” or 140 inches³.

T2– Potted nursery stock consisting of a containerized grafted seedling. Dimensions of the container are approximately 6” x 6” x 16” or 380 inches³.

1 Gal– Potted nursery stock consisting of a containerized grafted seedling. Dimensions of the container are approximately 8” diameter x 8”height or 377 inches³.

Terminal Leader – The uppermost portion of the central stem of the seedling; the dominant vertical stem located above the uppermost whorl.

Tubing (Tube, Animal Protection Tube, “Vexar®” Tube) – Rigid bio-degradable plastic mesh “Vexar®” material used to protect the stem of Douglas-fir or Western hemlock trees from browsing damage.

Unplantable Spots – Locations where logs, compacted slash greater than eighteen (18) inches in depth, rock outcrops, cobbles, or gravel prevent planting tools from opening an acceptable planting hole in mineral soil.

Wire Tree Tag (Wire Stake, Wire Tree Pin, or Tree Pin) – A 3/16” galvanized wire stake with a length of 34 ½” and with a 1 ⅛” loop six inches from the top of the stake which is used to attach tree identification tags. These pins will have already been installed before tree planting and will identify designated tree planting sites. These pins will be placed in a grid fashion, for example on a 20 ft. x 20 ft. spacing.

Acronyms:

512= Tree container 5.3”x 5.3” width x 12” depth T1= Tree container 4” x 4” width x 12” depth T2= Tree container 6” x 6” width x 16” depth 1gal= Tree container 8” diameter x 8” depth EA = Each TR = Tree Qty = Estimated Quantity DF = Douglas-fir SP = Sugar Pine SWWP = Southwest White Pine WF- White Fir WH = Western Hemlock WRC = Western Redcedar NF = Noble Fir

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 Property and Services – The Contractor shall furnish all labor and materials necessary to perform tree planting, matting and tubing services, including but not limited to chainsaws or other cutting tools, planting shovels, augers, planting hoes, planting bags, and other incidentals. All tools used for tree planting shall be of design normally used in tree planting work; such as: a 2-0 or 2-1 planting shovel or equivalent, with a minimum blade length of 11½ inches and a minimum blade width of 6½ inches; a planting hoe with a minimum blade length of 17 inches and a minimum width of 4 inches; a planting auger with a 9-inch diameter. The contractor is responsible for selecting the appropriate planting tools to be used in the performance of this contract upon approval of the COR or PI. The contractor must have a sufficient number of planting tools that are adequate enough to perform work in rocky or compacted soil.

3.11 Progress Plan

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details the 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 should reflect a work progress rate equal to the available amount of contract performance time.

3.2 Crew Requirements

3.2.1 Maintain an adequate work force at all times to insure timely completion of the work. The

Contractor shall be responsible for the crew knowing and performing the requirements of the contract. The Contractor shall have no more than six planters, exclusive of crew supervisors and the auger operators, on days when planting is being performed. No restrictions apply to the number of mulch matting or tubing workers.

3.2.2 If the quality of work is not satisfactory, the supervisor(s) may be required by the COR or PI to perform only the supervisory role to monitor and direct the crew to improve the work quality.

3.2.3 All planters shall work in close proximity to the crew supervisor. No planter shall work beyond the range of immediate verbal communication with the crew supervisor. All workers shall know the requirements of the contract pertaining to their performance of work.

3.2.4 State safety regulations require that crew members shall not work alone and accessibility to emergency transportation shall be provided by the Contractor at all times.

3.2.5 Supervisor requirements – An experienced, English-literate supervisor who is knowledgeable in tree planting, mulch matting and tubing installation, and who understands the requirements of this contract shall be provided for each tree planting and mulching crew. The supervisor must effectively direct the crew by (1) making periodic inspections of the crew's work to ensure proper performance, materials care, and tree handling; (2) advising them as to proper or deficient work;

and (3) providing instructions for correcting deficiencies. Should the supervisor fail to adequately perform these duties, the Government has the right to request replacement of that crew supervisor. Any changes in supervisory designations must be submitted in writing to the COR at least 24 hours prior to the change taking effect.

3.3 Other Requirements

3.3.1 The Contractor shall attend a pre-work conference before starting work.

3.3.2 The Contractor shall comply with all applicable federal, state and local laws and regulations.

3.3.3 All boxes, bags, any other refuse, debris, or garbage left by the Contractor shall be cleaned up as each unit is completed. All such debris, garbage, or refuse shall be properly disposed by the Contractor before final payment is made.

3.3.4 The Contractor will transport paper mulch mats, animal protection tubes, bamboo stakes, wire anchor pins and fertilizer packets/tablets to the planting units from the orchard compound. The contractor shall treat boxes of tubes, pins and fertilizer packets/tablets with care so to have the boxes in good condition for repacking of unused items for future use. The Contractor shall use all tubes from an open box before opening another box of tubes. Bundles of bamboo stakes shall be treated in a similar manner. The Contractor shall use all stakes in a bundle before opening another bundle. All loose stakes shall be re-bundled by the Contractor upon completion of a day’s work so that they can be efficiently transferred to the next unit or back to the orchard compound.

3.3.5 Camping on BLM administered land will only be permitted in approved sites and with the prior authorization of the CO. Should such a work camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. This will require portable sanitation units at all sites. All fire regulations and permits shall be followed. Requests for camping authorization shall be made in writing.

4.0 GOVERNMENT-FURNISHED PROPERTY

4.1 The following materials will be issued to the Contractor near the project units or at the seed orchard office as needed:

a. Seedlings – Containerized

b. Paper mulch mats

c. Animal protection tubes

d. Bamboo stakes

e. Wire anchor pins

f. Fertilizer packets or tablets

4.2 Upon daily completion or termination of work, all unused Government-furnished materials shall be returned to the point where they were delivered. Materials shall then be rebundled, boxed, or stacked neatly as directed by the COR or PI. The cost of unused wire anchor pins (estimated at $75.00 per thousand) that are returned to the Government in an unusable condition will be charged to the Contractor.

5.0 SPECIFIC TASKS

5.1 Where to Plant (Planting Site)

5.1.1 In an initial-plant unit, the Contractor will plant a single tree seedling (laid out by the BLM ahead of the planters) at the point where each pre-installed wire tree tag enters the ground, ensuring that the clone number on the tree label matches the number on the wire tree tag. Wire tree tags are on 20 ft. x 20 ft. spacing (109 trees per acre), 10 ft. x 20 ft. spacing (218 trees per acre) or 10 ft. x 10

ft. spacing (435.6 trees per acre).

In an interplant unit, the Contractor will plant a single tree seedling (laid out by the BLM ahead of the planters) at the point where each pre-installed wire tree tag enters the ground, ensuring that the clone number on the tree label matches the number on the wire tree tag.

5.2 Planting Spot Preparation (Scalping)

5.2.1 Scalping must occur prior to planting. Individual planting spots could be either exposed mineral soil, vegetation or duff, or old paper mulch mats. The Contractor will scalp so that a 3 ft. x 3 ft.

paper mulch mat centered over the pre-installed wire tree tag can be laid flat on the exposed mineral soil. This may require a squared scalp slightly larger than 3 ft. x 3 ft.

5.2.2 If a mulch mat is present (there may be two or three mulch mats per planting spot) in a designated planting spot, the old mulch mat(s) shall be removed and placed in an on-site location at the direction of the COR or PI for later disposal. The six (6) or more anchor pins used to hold the discarded mulch mat(s) down shall be retained and used for installing new matting.

Additional pins will be provided to the contractor when required. Scalping to mineral soil may be needed before two new paper mulch mats or one new VisPore mat per seedling are installed in place of the discarded old mulch mats.

5.3 Tree planting

5.3.1 Protect seedlings from loss, destruction, or damage of any kind, including physical injury, freezing, heating, and drying, from the time they are issued until they are properly planted. The Government may charge the Contractor for the cost of seedlings damaged in any manner while in the Contractor's care.

5.3.2 Tree seedlings will be transported by the Government to the planting site.

5.3.3 To ensure the correct placement of each clone/ramet into its planting site, Government employees will set out the seedlings in front of the planting crew. Every effort shall be made by the Government not to unduly delay the contractor. However, occasional logistical or reconciliation delays may happen.

5.3.4 Each planter shall remove the pot from only one seedling at a time and only after the planting hole has been prepared.

5.3.5 No seedling pruning or culling is allowed unless approved by the COR or PI.

5.3.6 The auger crew(s) shall not be permitted to get too far ahead of the planting crew(s) as determined by the COR or PI in case adverse weather stops planting.

5.3.7 The sequence of work must be performed in this order: scalping, digging a hole with an auger, planting including insertion of fertilizer, matting, and then vexar.

5.4 Inclement Weather Conditions

5.4.1 If inclement weather conditions occur, which could damage seedlings or interfere with proper planting during the operation, the COR or PI may suspend planting until conditions improve.

Inclement weather conditions include freezing or high temperatures, drying winds, low humidity and/or snowfall. When planting is suspended, any unused seedlings shall be returned to a Government vehicle for transport back to the orchard compound as directed by the COR or PI.

5.4.2 The following environmental conditions shall exist on the planting unit before the Contractor will be allowed to plant unless special precautions are taken to prevent seedling damage as directed by the COR or PI:

Humidity: 50% or above Wind: Less than 10 MPH Soil Temperature 40 degrees F. or above at 6-8 inches in depth Air Temperature Greater than 32º F and less than 65º F

5.5 Proper Tree Planting

5.5.1 A nine (9) inch (minimum size) auger shall be used for each planting spot to create a hole deep enough to suspend whatever size root system is being planted, e.g. a T1 (4” x 4” x 12”) containerized seedling, a T2 (6" x 6" x 16") containerized seedling, a 1 Gal (8” dia x 8”ht) or a Bareroot Seedling. The planting hole shall be large enough to permit full suspension of the root system. The seedling shall be planted in the center of the prepared hole. Be certain to dig no deeper than required so that air pockets do not occur. Extreme care shall be used when handling the grafted seedlings to ensure the graft union is not damaged. See Attachment 4 -“Auger Planting”.

5.5.2 After placement of the seedling, fill in the auger hole halfway with soil around the seedling planting medium, while tamping in the soil to prevent air pockets. Then place two slow-release fertilizer packets or one fertilizer tablet along the side of the hole and continue to fill the hole.

The fertilizer packets or tablet should not come in contact with the planting medium/tree roots.

The cotyledon scar (the point at which the tree stem meets the top of the root) is positioned slightly below the firmed soil level (2 inches below the surrounding ground level to allow for water retention) and have at least one (1) inch of soil covering the planting medium.

5.5.3 Seedlings shall be planted so that roots approximate a natural position; not twisted, tangled, compacted, curled, or bent from a position perpendicular to the horizontal. Root-bound roots may need to be gently broken loose by hand after removing the seedling from the container and before placing into the auger hole. Individual roots greater than 16" may need to be pruned to properly fit the planting hole upon direction of the COR or PI.

5.5.4 After firming around the seedling, soil shall be 2 inches below the ground level leaving a slight depression for future watering purposes. The wire tree tag will be reinstalled on the north side of the tree within four (4) inches of the hole immediately after planting is completed.

5.5.5 Each planted seedling shall stand erect in the center of the cleared spot as indicated in

Attachment 3 - “Correctly Planted Tree.” Trees should be as near vertical as possible, but no more than 15 degrees from true vertical.

5.5.6 See the following attachment for improper methods for planting seedlings: Attachment 5 -

“Improper Planting Techniques.”

5.6 Paper Mulch Mat Installation

5.6.1 Place paper mulch mats around newly-planted seedlings to reduce competition from herbaceous vegetation. See Attachments 6 - “Correctly Installed Mulch Mat Material” and Attachment 7 - “Paper Mulch Material Instructions”.

5.6.2 A clearing to mineral soil with no mounds of debris, soil or scalped vegetation is needed for a total area of 3 ft. x 3 ft., with the seedling in the middle.

5.6.3 Carefully place two (2) paper mulch mats or one (1) black VisPore mulch mat over the newly planted seedling such that the tree stem is located at the center of the slits. Stretch the mulch mat so that it lies tight and flat against the ground (mineral soil), aligning each corner in cardinal directions (North to South, East to West).

5.6.4 Mulch mats will be anchored with ten (10) wire camlocks (8 on perimeter and 2 in center): eight

(8) inch x (1¼) inch wire camlocks of nine (9) gauge minimum diameter. Fold all four (4) corners six (6) inches as measured from the corner toward the center underneath the sheet. Set each staple firmly into eight (8) inches of soil by placing the staple approximately three (3) inches from the folded edge and passing through all layers of each paper mulch mat. Install two

(2) staples in the center area of the mulch mats to hold down the mulch mats. See Attachment 7 - “Paper Mulch Material Instructions”. The COR or PI at each seed orchard shall demonstrate correct placement of mulch mats and wire camlocks.

5.6.5 Mulch mat installation shall be done simultaneously with planting on the same day as directed by the COR or PI. That is, all newly-planted seedlings will have a mulch mat installed by the end of each day of planting.

5.7 Tube Installation (at Horning only)

5.7.1 Contractor shall install Vexar® animal protection tubes on newly planted Douglas-fir, western redcedar, and western hemlock seedlings. See Attachment 8 -“Tubing Illustration.”

5.7.2 Installation will consist of one (1) six-foot bamboo stake woven a minimum of four (4) times through the plastic tube in a vertical position. Weaves shall be evenly spaced over the length of the tube. The bottom weave shall be inside the tube.

5.7.3 The large end of the bamboo stake shall be pushed or pounded into the ground through a pre-cut slit in the mat(s) so that the bamboo stake is no less than 12” deep and secures the tube firmly.

5.7.4 The tube shall protect the graft union, leader, and first whorl below the graft union. Because of the size of the Douglas-fir seedlings, tubes may not touch the ground or mats. There should be at least 12 inches of tube length above the tip of the leader.

5.7.5 Care shall be taken to prevent damage to the seedling, especially the grafted leader which may be fragile, as the tube is placed over the seedling. A seedling with skinned bark, broken or bent terminal leader either at the graft or not, or excessively damaged lateral branches will be considered damaged and may be deducted from payment. Lateral branches in the tube should point up inside the tube, not down.

5.7.6 Completed tube installation will be vertical with the seedling leader upright and centered in the tube. The completed tube installation shall be stable and secure.

5.7.7 Tube installation for Douglas-fir, western redcedar, and western hemlock seedlings shall be done simultaneously with planting and matting on the same day as directed by the COR or PI. That is, all newly-planted Douglas-fir, western redcedar, and western hemlock seedlings during a day will have a mulch mat and a tube installed by the end of each work day.

6.0 PAYMENT

6.1 Payment will be made for all completed Items.

6.2 Improper Tree Seedling Care Liability - If the Government determines that improper handling by the Contractor has rendered seedlings unsuitable for planting or replanting, including breaking the graft union, the Contractor shall be liable to the Government for the full cost of the damaged seedlings. That cost will be equal to the current nursery selling price, grafting costs, plus delivery. Currently, a charge of $35.00 for each damaged seedling will be deducted from the contract payment.

7.0 INSPECTION/ACCEPTANCE OF WORK

7.1 Quality of work and conformance with specifications will be determined by 100 % visual inspection on site with Government COR or PI(s) in the field for all Bid Items.

7.2 The Contractor is encouraged to observe the inspections and will be notified of the inspection results.

7.3 Unsatisfactory Work Quality - Based on inspection results, if work quality is unacceptable, the

COR will immediately notify the Contractor and instruct the Contractor to improve the quality of the work. If the quality of the work is not raised to an acceptable level after written notification, the COR may issue a suspend work order.

SPECIAL CONTRACT REQUIREMENTS

8.0 WORK HOURS

8.1 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 legal National Holidays unless authorized by the COR.

9.0 ENVIRONMENTAL INTERRUPTION OF WORK

9.1 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.

10.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

10.1 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.

10.2 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.

10.3 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.

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

11.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

11.1 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

12.0 RESTORATION OF RESOURCES

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

Final payment may be withheld until the Contractor has complied with this requirement.

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

13.0 IMPROPER DISPOSAL OF GOVERNMENT-FURNISHED MATERIAL

13.1 Improper disposal includes, but is not limited to, the wrongful ditching, hiding or burying of

Government-furnished material (GFM). The Government may, by issuance of a written order, suspend the Contractor’s right to proceed for improper disposal of GFM. The Contractor may be required to remove from the contract site any individuals involved in the improper disposal of

GFM.

13.2 The Contractor will be charged for the actual costs of the improperly disposed GFM. The costs will be based on the current market value and any associated costs.

14.0 ENVIRONMENTAL IMPACT

14.1 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. 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.

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

---Addendum to 52.212-4---

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-13 BANKRUPTCY (JUL 1995)

52.245-1 GOVERNMENT PROPERTY (SEP 2021)

http://www.acquisition.gov/far http://www.acquisition.gov/diar

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEVIATION 2017-02) (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

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

[ ] (6) [Reserved].

[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

[] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

(ii) Alternate[ ] I (Dec 2023) of 52.204–30.

[] (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.

657a). [ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17)[Reserve[ ]d]

[X] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

[ ] (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644). [ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[ ] (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)). [ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C.

637(d)(4)).

[ ] (ii) Alternate I (Nov 2016) of 52.219-

9. [ ] (iii) Alternate II (Nov 2016) of 52.219-9. [ ] (iv) Alternate III (Jun 2020) of 52.219-9. [ ] (v) Alternate IV (Sep 2023) of 52.219-9

[ ] (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C.

644(r)). [ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[X](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14))(Deviation

OCT 2022).

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.govinfo.gov/link/plaw/115/public/390

[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct

2022) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2023) (15

U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C.

637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023)

(E.O.13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

[ ] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.

4212). [ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793). [ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

[X] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

[ ] (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b). [ ] (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

[ ] (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

[ ] (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C.

552 a). [ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) of 52.225-3.

[ ] (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

[ ] (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ ] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

[ ] (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

[ ] (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021)

(46 U.S.C. 55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (Nov 2021) of 52.247-64.

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination

08370 Tree Planter GS-2 - $11.85 - $14.91

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(c) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.