Sol_140L4324Q0088_Amd_0001.pdf

(x)

140L4324Q0088 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)

04/23/20240001

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

04/11/2024

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.)

Xmas Sand Dunes Porta-Potty Rentals

This amendment corrects the schedule of prices and extends the due date of quotes.

Period of Performance: 08/01/2024 to 07/31/2025

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 .

CHRISTMAS SAND DUNES PORTA-POTTY RENTALS, LAKE COUNTY, OR SOLICITATION NO. 140L4324Q0088 BLM LAKEVIEW DISTRICT, OREGON Page 1 of 60

Combined Synopsis/Solicitation

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation no. 140L4324Q0088 has been issued as a Request For Quotation for a firm fixed price commercial items services contract for Porta-Potty Rental, Lake County, Oregon at one lump sum price.

For services, The scope of work includes Porta-Potty Rental instructions in Lake County, Oregon. The performance period is from 08/01/2024 through 07/31/2029. The performance period includes a one-year Base and 4 one-year options. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 effective February 23, 2024. The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The provision at 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The following factors shall be used to evaluate offers: Price. Options will be evaluated in accordance with provision 52.212-2. Offerors are advised to submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders - Commercial Items applies to this acquisition This requirement is set-aside for SMALL BUSINESS. The NAICS code is 562991-Septic Tank and Related Services and the small business size standard is $9 million. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, Lowest Price. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Responses shall be received via email at babecker@blm.gov, blm_or_so_952_mail@blm.gov by the response due date and time.

mailto:babecker@blm.gov mailto:blm_or_so_952_mail@blm.gov

SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Porta-Potty Rental, Lake County, Oregon. The contract contains a one-year Base plus an additional four (4) one-year) term options.

Base Year 2024/2025

Option Year 1 2025/2026

Item no. Item Description

# Of Portable Toilets

Unit of Measure

Unit Price Total 0001 Porta-Potty Rental - Serviced weekly from 8/1/24 - 9/08/24.

Service Days 6 39 days total.

10 EA

0002 Porta-Potty Rental - Serviced weekly from 9/09/24 - 5/21/25.

Service Days 36 254 days total.

3 EA

0003 Porta-Potty Rental - Serviced daily from 5/21/25- 5/28/25.

7 Services days for 7 days total.

16 EA

0004 Porta-Potty Rental - Serviced weekly from 5/29/25- 7/31/25.

65 days total.

Service Days 10

10 EA

GRAND TOTAL PER YEAR

Item no. Item Description

# Of Portable Toilets weekly from 8/1/25 -9/7/25.

38 days total Service Days 6

10 EA

0002 Porta-Potty Rental - Serviced weekly from 9/8/25 - 5/26/26 261 days total.

Service Days 37

3 EA

Option year 2 2026/2027

Option Year 3 2027/2028

0003 Porta-Potty Rental - Serviced daily from 5/27/26- 6/3/26.

8 days total.

8 Services days weekly from 6/4/26- 7/31/26.

58 days total.

Service days 10

10 EA

GRAND TOTAL PER YEAR

Item no. Item Description

# Of Portable Toilets weekly from 8/1/26 -9/13/26.

44 days total.

Service Days 9

10 EA

0002 Porta-Potty Rental - Serviced weekly from 9/14/26 - 5/25/27 254 days total.

Service Days 40

3 EA

0003 Porta-Potty Rental - Serviced daily from 5/26/27- 6/1/27.

7 days total.

7 Services days weekly from 6/2/27- 7/31/27.

60 days total.

Service Days 8

10 EA

GRAND TOTAL PER YEAR

Item no. Item Description

# Of Portable Toilets

Option year 4 2028/2029

0001 Porta-Potty Rental - Serviced weekly from 8/1/27 -9/12/27.

43 days total.

Service Days 6

10 EA

0002 Porta-Potty Rental - Serviced weekly from 9/13/27 - 5/23/28 254 days total.

Service Days 35

3 EA

0003 Porta-Potty Rental - Serviced daily from 5/24/28- 5/31/28.

7 days total.

Services days 7 weekly from 6/1/28- 7/31/28.

61 days total.

Service days 10

10 EA

GRAND TOTAL PER YEAR

Item no. Item Description

# Of Portable Toilets weekly from 8/1/28 -9/10/28.

41 days total Service Days 7

10 EA

0002 Porta-Potty Rental - Serviced weekly from 9/11/28 - 5/22/29 254 days total.

Service Days 37

3 EA

0003 Porta-Potty Rental - Serviced daily from 5/23/29- 5/30/29.

7 days total.

Services days 7 weekly from 5/31/29- 7/31/29.

63 days total.

Service Days 9

10 EA

Summary

Base Porta-Potty Rental – Base Year 8/1/2024 – 7/31/2025

Option Year 1 Porta-Potty Rental – Option Year 1 8/1/2025 – 7/31/2026

Option Year 2 Porta-Potty Rental – Option Year 2 8/1/2026 – 7/31/2027

Option Year 3 Porta-Potty Rental – Option Year 3 8/1/2027 – 7/31/2028

Option Year 4 Porta-Potty Rental – Option Year 4 8/1/2028 – 7/31/2029

Grand Total: $

(End of Supplies/Services and Prices/Costs)

GRAND TOTAL PER YEAR

STATEMENT OF WORK

Rental/Servicing of Portable Toilets for the Christmas Valley Sand Dunes Recreation Area

1. GENERAL

The work covered by this Statement of Work consists of the contractor providing labor, parts, materials, insurance, transportation, and proper disposal methods to perform work for the Bureau of Land Management (BLM). This will be accomplished in accordance with this Statement of Work, the manufacturer's recommendations, and the terms and conditions of this purchase order.

2. LOCATION

The work site is located at the Christmas Valley Sand Dunes, Lake County, in South Central Oregon. Sand Dunes is a rural recreation site with no address. The Christmas Valley Sand Dunes is 19 miles northeast of Christmas Valley, Oregon, on County Road 5-14E. There is only one road into the dunes, Government Representative shall guide vendor to drop off points. (See maps)

3. SCOPE OF WORK

Rental of ten (10) portable toilets to be delivered August 1, 2024 with seven (7) units picked up on September 08, 2024, leaving three (3) units on site. (2nd Monday of September on all options years). The rentals during this time period shall be serviced weekly, to include replenishing toilet paper/hand sanitizer, disinfecting and cleaning the inside of the portable toilets, and pumping as necessary.

From September 09th 2024 (Mon of the 2nd weekend of September through Wednesday prior to Memorial Day 2029 the remaining three (3) portable toilets will be serviced weekly, to include replenishing toilet paper/hand sanitizer, disinfecting and cleaning the inside of the portable toilets, and pumping as necessary.

On May 21, 2025, thirteen (13) portable toilets are to be added leaving sixteen (16) units on site until May 28, 2025.

( For Option years on this contract (Wed) Prior to Memorial Day - (Wed) After Memorial Day)These units will be serviced daily, to include replenishing toilet paper/hand sanitizer, disinfecting and cleaning the inside of the portable toilets, and pumping as necessary.

May 29, 2025 ( For Option Years on this Contract (Thurs) after Memorial Day) six (6) portable toilets are to be picked up, leaving ten (10) units on site. These conditions will expire at end of contract year Jun 30th of respective year. The rentals during this time period shall be serviced weekly, to include replenishing toilet paper/hand sanitizer, disinfecting and cleaning the inside of the portable toilets, and pumping as necessary.

Toilets placement will be according to the included maps in coordination with the BLM recreation staff.

4. TERMS FOR WORK

The work shall be accomplished with a professional and quality workmanlike performance. Work must be timely and not disrupt the daily operations of the BLM staff. No unsafe work conditions shall be left before, during and after duty hours.

Contractor is required to provide all necessary tools, equipment (including ladders, etc.), materials, facilities, transportation, and labor as required, to perform tasks.

Quality Control The contractor shall implement a quality control program to assure performance standards in the contract are being consistently met or exceeded. A written quality control plan addressing all aspects of the contractor's custodial operations and procedures will be provided to the Contracting Officer within 10 days after start of contract. The plan shall also describe how the contractor will utilize its quality control to foster optimum customer service.

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 ( http://www.epa.gov/cpg/products.htm ).

USDA Biobased product listings published at www.biopreferred.gov ( http://www.bioprefferd.gov ).

Energy Star® product listings published at www.energystar.gov/products ( http://www.energystar.gov/products ).

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

Government Quality Assurance Plan

1. Removal of all materials including human waste, trash, and debris from Porta-Potty interior

2. Porta-Potty floors shall be cleaned of all spilled material using a ten percent disinfectant approved by the Government. Floors and surrounding areas shall be free of standing water.

3. Ceilings and other surfaces are free of cobwebs

4. Toilet risers, seats and lids shall be free of spilled materials and deposits. Toilet, riser, seats shall be Cleaned using disinfecting solution approved by the government

5. Porta-Potty interior shall be cleaned free of grime and graffiti.

6. Porta-Poty exterior should be free of graffiti

7. Should any release of septic material occur, the contractor is responsible for immediately notifying the contracting officer's representative and the contracting officer. Should any release of septic materials of 5 gallons occur, it is the contractors' responsibility to immediately contact the appropriate Hazardous Materials officials for remediation and immediately contact South Central Oregon Fire Management Partnership Interagency Dispatch (541) 947-6315, for required actions.

8. Licenses and Insurance Worker’s Compensation Insurance:

The Contractor shall provide evidence of Worker’s Compensation. Insurance or a valid reason that exempts the Contractor from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

5. SAFETY

The Contractor shalt comply with local, state and federal codes and Occupational Safety and Health Administration (OSHA) regulations.

(End of Statement of Work) http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories

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)

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

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

F.2.0 PROGRESS PLAN

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

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

CONTRACT ADMINISTRATION DATA

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:

(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.

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

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

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

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 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.

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

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products

9.0 UNAUTHORIZED PERSONNEL

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

10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.

Information on obtaining this license may be obtained from:

Bureau of Labor and Industries Contact: Licensing Unit Wage and Hour Division Telephone: (503) 373-1463 3865 Wolverine St. NE; E-1 Fax: (503) 373-7636 Salem, OR 97305-1268

11.0 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in the attachment at the end of this section.

The following clause is provided in full text:

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

MAINTENANCE

(a) As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker Protection, the Contractor shall maintain all necessary U.S. Department of Labor registrations during the performance period of this contract. Failure to maintain a valid registration is grounds for termination of this contract.

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

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

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

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

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

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

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

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

(End of clause)

FIRE REQUIREMENTS PROCEDURES OUTLINE

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

1. CLOSED FIRE SEASON

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

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

• Fire tools must be on site;

• Fire extinguisher must be in all vehicles;

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

• Only unmodified saws are to be used in the forest;

• Approved spark arresters must be on all internal combustion engines;

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

NUMBER OF PERSONNEL_______________________________

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

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

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

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

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

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

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

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

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

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

(End of Special Contract Requirements)

CONTRACT CLAUSES

The following provision is incorporated by reference:

Clause Title Date

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

Clause Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

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

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

AUG 2018

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS MAY 2011

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.242-2 PRODUCTION PROGRESS REPORTS APR 1991

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

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

SERVICES (NOV 2023)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

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

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B…