Sol_140L4324Q0024_Amd_0002.pdf

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MOWING - TYRRELL SEED ORCHARD 2024 Federal contract opportunity
Solicitation number
140L4324Q0024
Issued by
Department of the Interior Bureau of Land Management Oregon-Washington

About this file

This solicitation is for mowing services at the Bureau of Land Management's Tyrrell Seed Orchard in Lorane, Oregon. The contractor will mow vegetative ground cover twice per year, in mid-May and late July. The base period is from May 1, 2024 to April 30, 2025, with four optional one-year extensions.

Services include mowing orchard units and fields at various spacing widths to avoid trees and stumps. Estimated acres are provided for first and second mowings in the base period and each option. Pricing is fixed per item on a firm-fixed-price basis. The contractor must provide all necessary equipment and labor to complete mowing within specified timeframes. Performance bonds or other security are not mentioned.

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(x)

140L4324Q0024 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

01/29/20240002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/22/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Tyrrell Seed Orchard, Mowing -Tyrrell Seed Orchard 2024 Base and 4 Option Periods

This amendment adds price quote submission instructions to Section L.

Period of Performance: 05/01/2024 to 04/30/2025

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Matthew Duane

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

OREGON STATE OFFICE (OSO) TYRRELL SEED ORCHARD SOLICITATION NO. 140L4324Q0024

TSO MOWING, LORANE, OREGON Page 2 of 65

SERVICES AND PRICES

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

BASE PERIOD – (May 1,2024 to April 30, 2025) Item No. Item Description

Estimated Quantity*

Unit of Measure Unit Price Total

0001 FIRST Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 0.6* ACRE $ $

0002 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 3.0* ACRE $ $

0003 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0004 FIRST Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 202.4* ACRE $ $

0005 SECOND Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 0.6* ACRE $ $

0006 SECOND Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 3.0* ACRE $ $

0007 SECOND Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0008 SECOND Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 279.7* ACRE $ $

0009 SECOND Mowing – Phase 2 (Fields) and orchard perimeters 155.7* ACRE $ $

TOTAL – BASE PERIOD All or None

OPTION PERIOD ONE – (May 1, 2025 to April 30, 2026) Item No. Item Description

Estimated Quantity*

Unit of Measure Unit Price Total

0010 FIRST Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 1.0* ACRE $ $

0011 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 3.9* ACRE $ $

0012 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0013 FIRST Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 212.9* ACRE $ $

0014 SECOND Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 1.0* ACRE $ $

0015 SECOND Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 3.9* ACRE $ $

0016 SECOND Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0017 SECOND Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 290.2* ACRE $ $

0018 SECOND Mowing – Phase 2 (Fields) and orchard perimeters 155.7* ACRE $ $

TSO MOWING, LORANE, OREGON Page 3 of 65

TOTAL – OPTION PERIOD ONE All or None

OPTION PERIOD TWO – (May 1, 2026 to April 30, 2027) Item No. Item Description

Estimated Quantity*

Unit of Measure Unit Price Total

0019 FIRST Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 1.0* ACRE $ $

0020 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 3.9* ACRE $ $

0021 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0022 FIRST Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 217.9* ACRE $ $

0023 SECOND Orchard Mowing – 10x10

ft. spacing. N-S and E-W 1.0* ACRE $ $

0024 SECOND Orchard Mowing – 10x20

ft. spacing. N-S only (20ft.space) 3.9* ACRE $ $

0025 SECOND Orchard Mowing – 10x20

ft. spacing. N-S and E-W 2.0* ACRE $ $

0026 SECOND Orchard Mowing – 20x20

ft. spacing. N-S and E-W 295.2* ACRE $ $

0027 SECOND Mowing – Phase 2 (Fields) and orchard perimeters 155.7* ACRE $ $

TOTAL – OPTION PERIOD TWO All or None

OPTION PERIOD THREE – (May 1, 2027 to April 30, 2028) Item No. Item Description

Estimated Quantity*

Unit of Measure Unit Price Total

0028 FIRST Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0029 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 5.1* ACRE $ $

0030 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0031 FIRST Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 220.0* ACRE $ $

0032 SECOND Orchard Mowing – 10x10

ft. spacing. N-S and E-W 2.0* ACRE $ $

0033 SECOND Orchard Mowing – 10x20

ft. spacing. N-S only (20ft.space) 5.1* ACRE $ $

0034 SECOND Orchard Mowing – 10x20

ft. spacing. N-S and E-W 2.0* ACRE $ $

0035 SECOND Orchard Mowing – 20x20

ft. spacing. N-S and E-W 297.3* ACRE $ $

0036 SECOND Mowing – Phase 2 (Fields) and orchard perimeters 155.7* ACRE $ $

TOTAL – OPTION PERIOD THREE All or None

TSO MOWING, LORANE, OREGON Page 4 of 65

OPTION PERIOD FOUR – (May 1, 2028 to April 30, 2029) Item No. Item Description

Estimated Quantity*

Unit of Measure Unit Price Total

0037 FIRST Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0038 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 5.1* ACRE $ $

0039 FIRST Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0040 FIRST Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 220.0* ACRE $ $

0041 SECOND Orchard Mowing – 10x10 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0042 SECOND Orchard Mowing – 10x20 ft.

spacing. N-S only (20ft.space) 5.1* ACRE $ $

0043 SECOND Orchard Mowing – 10x20 ft.

spacing. N-S and E-W 2.0* ACRE $ $

0044 SECOND Orchard Mowing – 20x20 ft.

spacing. N-S and E-W 297.3* ACRE $ $

0045 SECOND Mowing – Phase 2 (Fields) and orchard perimeters 155.7* ACRE $ $

TOTAL – OPTION PERIOD FOUR All or None

*Estimated Quantity

Estimated Timing of Work:

First Mowing: Estimated Start Work Date: May 16 of Base Year & Option Periods (if exercised) Performance time: 16 days

Second Mowing: Estimated Start Work Date: July 15 of Base Year & Option Periods (if exercised) Performance time: 21 days

PERFORMANCE PERIOD: See Deliveries or Performance section, F.1.0.

(End of Supplies/Services and Prices/Costs)

TSO MOWING, LORANE, OREGON Page 5 of 65

STATEMENT OF WORK

1.0 GENERAL

1.1 Description of Work - The Contractor shall provide mowing services to mow the orchard vegetative ground cover twice per year, beginning approximately mid-May and again approximately late-July.

Typically, more acres will be assigned for the Second Mowing than for the First Mowing.

1.2 Location of Project – The Contractor will provide mowing services at the Bureau of Land Management’s (BLM) Tyrrell Seed Orchard (TSO) near Lorane, Oregon. Tyrrell Seed Orchard has two Sections requiring mowing, Section 9 and Section 15. A vicinity map and a Section map are attached.

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

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

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

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

A few orchards have tree positions that are at approximately 10 x 20-foot spacing or 10 x 10-foot spacing.

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

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

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

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

1.5 Timing – The Contractor shall provide mowing services for the First Mowing beginning on the start date of approximately May 15 [start date to be determined by the Contracting Officer Representative (COR)]. The Contractor shall complete the First Mowing within 16 calendar days following the First Mowing start date.

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

TSO MOWING, LORANE, OREGON Page 6 of 65

2.0 DEFINITIONS

Consolidated Orchard – Also, referred to as one-and-a-half (1.5) generation (gen.) or second (2nd) generation orchards. The consolidated orchard units’ trees were planted in 2010-2021 and are up to twenty (20) feet in height.

First (1st)-Generation Orchard – Older orchard units planted 1988-2002, ranging in height between approximately thirty to one hundred (30-100) feet.

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

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

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

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

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

Tree - An individual member of a particular clone.

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

3.0 CONTRACTOR FURNISHED ITEMS & REQUIREMENTS

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

3.2 The Contractor shall always maintain an adequate work force to ensure timely completion of the work.

The Contractor shall be responsible for the operator(s) knowing and performing the requirements of the contract. The Contractor shall attend the prework meeting and present a written performance plan which includes crew size, estimated production rates, and scheduling.

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

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

The Contractor’s supervisor shall know the requirements of the contract including technical

TSO MOWING, LORANE, OREGON Page 7 of 65 requirements. The COR and PI will not act as a supervisor to the crew.

3.5 Fire Danger Season – If the COR allows the Contractor to continue work during periods of Closed Fire Season, the Contractor shall comply with all applicable State laws relating to fire prevention and with all special conditions of work as determined by the CO.

The Contractor shall daily check for current fire precaution levels with Oregon Department of Forestry (ODF) and/or BLM Northwest Oregon District. See the attached “Fire Requirements Procedures” for further direction.

4.0 GOVERNMENT-FURNISHED PROPERTY

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

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

5.0 SPECIFIC TASKS

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

Maps showing assigned orchards will be provided by the COR.

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

5.3 The Contractor shall operate the Contractor’s tractor down the center of each mowing lane (see 2.0 Definitions) in the orchard units, to avoid hitting tree trunks and to minimize breakage of lower limbs.

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

5.5 Ten x Twenty (10 x 20) foot spacing – In assigned orchard units with tree positions of 10 x 20 foot spacing, the Contractor shall mow a fifteen (15) foot width in the north-south direction and shall mow a six (6) foot width in the east-west direction, if designated to mow east-west, leaving approximately a

2.5 x 2.5 foot square of uncut vegetation at each orchard position to avoid hitting trees, tree tags on pins, and possible stumps.

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

5.7 Damage – The Contractor will be charged for Contractor damage to orchard tree trunks (see Major and Minor Damage in 2.0 Definitions, and 8.2 Payments).

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

TSO MOWING, LORANE, OREGON Page 8 of 65

5.9 Phase 2 orchards – During the Second Mowing only, the Contractor shall mow 100% of each assigned Phase 2 orchard. If a fence line is on the perimeter of an assigned Phase 2 orchard, the Contractor shall mow within one (1) foot of the fence line.

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

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

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

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

5.14 The Contractor shall not perform mowing operations between sunset and sunrise, i.e., no night-time mowing will be permitted.

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

6.0 INSPECTION

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

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

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

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

7.0 ACCEPTANCE

7.1 Acceptable Quality Level - A minimum work quality percentage (WQP) of 100% is required. If the WQP percentage is below 100%, the CO shall immediately notify the Contractor in writing and instruct the Contractor to rework the unsatisfactory areas until satisfactory work quality is obtained.

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

TSO MOWING, LORANE, OREGON Page 9 of 65

8.0 PAYMENT

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

8.2 A charge of $1,748.00 per first-generation orchard tree and $2,638.49 per consolidated orchard tree will be assessed for each tree found with major damage caused by the Contractor during mowing. A charge of $174.80 or $263.85 per tree will be assessed on an individual orchard basis for minor damage found on more than one tree per every three acres. (See 2.0 for Definitions of major and minor damaged orchard trees, and for first-generation and consolidated orchards.)

(End of Statement of Work)

TSO MOWING, LORANE, OREGON Page 10 of 65

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)

TSO MOWING, LORANE, OREGON Page 11 of 65

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

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

F.2.0 PROGRESS PLAN

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

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

TSO MOWING, LORANE, OREGON Page 12 of 65

CONTRACT ADMINISTRATION DATA

G.1.0 In accordance with FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the Contractor is required to annually report the product types and dollar value of any USDA-designated biobased products purchased during the previous fiscal year (October 1- September 30) through the System for Award Management (SAM). The report is due no later than October 31 of each year during contract performance and at the end of contract performance. Failure to submit the report into SAM in a timely manner may result in contractual remedies.

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

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

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

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

https://www.cpars.gov/ http://www.cpars.csd.disa.milj/ https://www.cpars.gov/ http://www.cpars.csd.disa.mil/

TSO MOWING, LORANE, OREGON Page 13 of 65

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

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

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

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of clause)

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

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services included in commercial products and commercial services contracts. The IPP website address is: https://www.ipp.gov.

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

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

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

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

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

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SPECIAL CONTRACT REQUIREMENTS

1.0 ACCESS

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

2.0 WORK HOURS

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

3.0 ENVIRONMENTAL INTERRUPTION OF WORK

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

3.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

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

4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

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

5.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16

TSO MOWING, LORANE, OREGON Page 15 of 65

U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

6.0 HAZARDOUS MATERIALS

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

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

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

7.0 GREEN PROCUREMENT REQUIREMENTS

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

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

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

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

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

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

• 52.223-1 Biobased Product Certification

• 52.223-2 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

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.

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

TSO MOWING, LORANE, OREGON Page 16 of 65

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:

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;

TSO MOWING, LORANE, OREGON Page 17 of 65

• 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.

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

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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)

TSO MOWING, LORANE, OREGON Page 19 of 65

CONTRACT CLAUSES

The following provision is incorporated by reference:

Clause Title Date

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

Clause Title Date

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

SEPT 2013

52.223-10 WASTE REDUCTION PROGRAM MAY 2011

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

AUG 2018

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.245-1 GOVERNMENT PROPERTY SEP 2021

52.245-1 GOVERNMENT PROPERTY – ALTERNATE I APR 2012

52.245-9 USE AND CHARGES APR 2012

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

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

2021)

(a) Definitions. As used in this clause—

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

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

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

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

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

(b) Safeguarding requirements and procedures.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xiv) Update malicious code protection…

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