FFP_SERVICE_CI_SAP_RFQ_EqualOrLessThanSAT_FAC2025-03_011725_0002.pdf

GROUND INSECTICIDE APPLICATIONS SOLICITATION NO. 140L4325Q00030

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 3 of 71

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. 140L4325Q0030 has been issued as a Request For Quotation for a firm fixed price commercial services contract for insecticide application in Colton, Oregon.

The scope of work includes is detailed in the Statement of Work. The performance period is from 3/7/2025 through 5/16/2025.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective April 22, 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: technical approach, past performance, and 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. Additional FAR Clauses and Provisions that apply to this requirement are listed in the solicitation package.

This requirement is set-aside for SMALL BUSINESS. The NAICS code is 115112 and the small business size standard is $9.5M. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Responses shall be received via email to cnwebster@blm.gov with a cc to blm_or_so_952_mail@blm.gov by the response due date and time.

mailto:cnwebster@blm.gov

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SECTION B - SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Ground Insecticide Applications for the Tyrell and Horning Seed Orchards in Lorane and Colton, Oregon.

BASE

Tyrell Orchard-ground insecticide application

CLIN

00010

Item no. Item Description Quantity Unit of Measure

Unit Price Total

00001 Esfenvalerate Application to canopy of small Douglas-fir conifer trees (approximately 8-20ft height) 1st application.

550* TREE $ $

00002 Esfenvalerate Application to canopy of small Douglas-fir conifer trees (approximately 8-20ft height) 2nd application.

550* TREE $ $

CLIN 00010 Total Items 00001-00002 $

* Estimated Quantity

Horning Orchard-ground insecticide application

CLIN 00020

Item no. Item Description Quantity Unit of

Measure Unit Price Total

00003 Esfenvalerate Application to canopy of medium conifer trees – western hemlock and western red cedar (approximately 20-30ft height). 1 application only..

362* TREE

00004 Esfenvalerate Application to canopy of small Douglas-fir conifer trees (approximately 8-20ft height) 1st application.

164* TREE $ $

00005 Esfenvalerate Application to canopy of small Douglas-fir conifer trees (approximately 8-20ft height) 2nd application.

164* TREE $ $

CLIN 00020 Total Items 00003-00005 $

* Estimated Quantity

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

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SECTION C – STATEMENT OF WORK-HORNING AND TYRELL SEED ORCHARDS

PERFORMANCE PERIOD: Horning: March 7th through May 16th, 2024; Tyrrell: March 7th through May 16th, 2025

This is a contract for pesticide application in conifer tree orchards. The quantities listed above are estimated quantities anticipated to be ordered by the Bureau of Land Management throughout the contract.

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

SITE VISIT

Offerors or quoters are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Site visits can be arranged with Toni Molina at tmolina@blm.gov (541-767-0446) or Jay Torland at jtorland@blm.gov (503-630-8410).

1.0 GENERAL

1.1 Scope of Work – Apply insecticide (esfenvalerate) in project units in compliance with the terms and specifications contained herein.

1.2 Location of Work –The work sites are located at Walter Horning Seed Orchard, 27004 S. Sheckly Rd., Colton, Oregon & Tyrrell Seed Orchard, 26411 Siuslaw Rd., Lorane, Oregon (Horning Seed Orchard Vicinity Map & Tyrrell Seed Orchard Vicinity Map).

1.3 Access to Project Area – Access to project areas is by gravel surfaced roads using a two-wheel drive vehicle. Driving in orchard units may require a four-wheel drive vehicle, tractor, UTV, or ATV depending on environmental conditions.

1.3.1 Gate keys may be supplied to the Contractor after the contract is awarded. The keys shall be returned to the Contracting Officer’s Representative (COR) in a usable condition before final payment is made.

The Contractor shall be charged $100.00 for each key lost or returned in an unusable condition.

1.4 Features of the Project Units –

Horning: Orchard aspects are varied, with mostly gentle slopes less than 15%. Initial tree spacing was approximately 20 feet x 20 feet. However, with roguing, thinning and mortality of trees over the years, remaining trees can be some distance from each other. Orchard unit locations can be found 0n the Horning Map.

Tyrrell: Aspect is varied, with mostly gentle slopes less than 12%; however, slopes up to 25% are present. Initial tree spacing was approximately 20 feet x 20 feet and/or 10 feet x 20 feet. However, with roguing, thinning and mortality over the years, remaining trees can be some distance from each other. Tree heights are generally less than 25 feet in younger orchards, but up to 90 feet in older orchards.

1.5 Horning: Timing for western hemlock and western red cedar (one application) – Insecticide application must be completed when cone flowers are receptive, insects are present, and weather conditions permit. The Government shall determine optimum timing for the project and notify the Contractor 18 hours prior to projected application. Spraying in past years has taken place as early as late March-early April for Western Hemlock, and February-Early March for Western Redcedar.

mailto:tmolina@blm.gov mailto:jtorland@blm.gov

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(Horning & Tyrrell) Timing for Douglas-fir (two applications) – The first insecticide application, for Douglas-fir cone gall midge, must be completed when Douglas-fir flowers are receptive, insects are present, and weather conditions permit. The second insecticide application, for Douglas-fir seed chalcid, must be completed when Douglas-fir flowers are two-three weeks old, insects are present, and weather conditions permit. Spraying in past years of the first application has taken place as early as March 29th and as late as May 2nd. The second application will follow approximately 2-3 weeks after the first application. The Government will determine optimum timing for the projects and notify the Contractor approximately 18 hours prior to each projected application.

The Government shall determine spraying order for each orchard unit and clones within each orchard unit. Spraying may occur over multiple days depending on the three conditions above. For Horning, spraying will likely occur during 3 timing periods in relation to the tree species of the orchard (western redcedar, western hemlock, Douglas-fir).

1.6 The Contractor shall not be allowed to camp at the orchards.

2.0 DEFINITIONS

Acre – 43,560 square feet area.

Adjuvant – An inert material added to a pesticide formulation or tank mix to increase the effectiveness of the active ingredient.

Clone – A tree that is genetically identical to a parent tree from which it was derived. In an orchard setting, a clone is several trees that are genetically identical to each other. In addition, an orchard will have many different clones of trees with each clone exhibiting different characteristics.

Damaged 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.

Drift – The movement of airborne particles by air motion or wind away from the intended target area.

Label – All written, printed or graphic matter on or attached to pesticide containers or as a separate document as required by law.

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

Rate – The amount of active ingredient or acid equivalent applied per unit area or other treatment unit.

Traffic Cones – Bright, fluorescent-orange rubber cones commonly seen in highway construction zones.

Tree – An individual member of a particular clone.

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 Property and Services – The Contractor shall provide spill kits, fire extinguishers and all necessary tools, equipment, labor, transportation and materials necessary to accomplish insecticide application except for those items specified under 4.0, Government-Furnished items. The Contractor assumes liability for damage or loss of Government-Furnished items.

Tyrrell: If the Contractor requests, the Government will supply water for the projects with the following conditions:

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A. If the rate of application requires less than 1,000 gallons of water, the Government can supply water in a mounted tank with a pump. (See Attachments regarding Tyrrell for Rates of Application and Mix Ratios.)

B. If the rate of application requires greater than or equal to 1,000 gallons of water, the Government can supply water in open-topped holding tanks and the Contractor is required to provide the pump. (See Attachments regarding Tyrrell for Rates of Application and Mix Ratios.)

3.2 Crew Requirements

3.2.1 The Contractor shall be responsible for the crew knowing and performing the requirements of the contract. All applicators must follow Oregon Department of Agriculture pesticide regulations and possess a current ODA commercial pesticide applicator license.

3.2.2 The supervisor must be English literate. Should the supervisor fail to adequately perform these duties, the Government has the right to request replacement of that crew supervisor.

3.2.3 The supervisor(s) may be required by the COR to be non-working if the quality of work is not satisfactory.

3.3 Other Requirements

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

3.3.2 The Contractor shall have a current Oregon commercial pesticide operator's license and comply with all applicable federal, state and local laws and regulations. The contractor and crew will follow all regulations set forth by the Oregon Department of Agriculture related to their commercial applicator license. The contractor will follow the pesticide label.

3.3.3 The Contractor will assure that equipment used for mixing and application will not allow leaking of pesticide into the water or soil. Any leaks and/or spills are the responsibility of the Contractor and shall be cleaned up and disposed of in accordance with Federal regulations at the Contractor’s expense.

The Contractor is responsible for calibration of spray equipment to ensure proper application. All application equipment shall be clean and free from residue prior to any mixing of pesticides.

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

4.0 GOVERNMENT-FURNISHED PROPERTY

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

a. Maps of application units

b. Keys for access to locked gates as described in 1.3.1 identified in this section

c. Esfenvalerate (a restricted use pesticide)

d. A spreader-sticker adjuvant such as R-56 or Antero EA surfactant

e. Horning: Access to water for mixing. The Contractor should arrive with clean water in its tender.

f. Tyrrell: Water, if requested by Contractor, (and Pump, if less than 1,000 gallons of water needed)

4.2 Upon daily completion or termination of work, all unused Government-furnished materials shall be returned to the point where they were delivered.

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5.0 SPECIFIC TASKS

5.1 Inclement Weather Conditions

5.1.1 The COR shall monitor weather and determine when environmental conditions are conducive for application to occur. Spraying shall be limited to periods when wind speeds are less than six (6) mph, temperatures are less than 70° F, and relative humidity is greater than 50%. In addition, application shall not occur during periods of wind turbulence, saturated soils, snow or ice, when precipitation or fog is occurring or is imminent, or during inversions, or within 72 hours of predicted precipitation that would result in runoff and measurable increases in streamflow.

5.2 Proper Esfenvalerate Application

5.2.1 The COR will inspect trees and inform the contractor when work can begin. The COR will instruct the applicator on an orchard spraying sequence. Application is only to occur on live trees.

5.2.2 The Contractor shall transport the Government supplied esfenvalerate insecticide and spreader-sticker adjuvant from the orchard office compound to the application sites, where Contractor mixing shall occur. Any pesticide damaged or lost while in the custody of the Contractor will be replaced by the Government and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused pesticide shall be returned to the Government by the Contractor upon completion of work.

5.2.3 Two application rates have been assigned by orchard, 0.19 oz formulated product/tree in water at

2gal/tree for young orchards or 0.388 oz formulated product/tree in water at 4gal/tree for older orchards. These rates are the maximum rates for trees, if less product provides complete coverage of foliage, then a lower rate is acceptable. All application equipment shall be clean and free from residue prior to any mixing of pesticides. Application rates by orchard can found in Horning Ground Spray Calculations and Tyrrell Rates of Application from the Ground.

5.2.4 Application methods are limited to these ground-spraying systems: a high-pressure hydraulic sprayer or hydraulic sprayer with a handheld wand. Sprayers mounted on ATV/UTVs, trucks or tractors are permitted.

5.2.5 The contractor must use a vehicle which can traverse orchard units to specific tree locations. A two wheel-drive drive truck may not meet these requirements, depending on moisture levels and soil conditions.

5.2.6 The Contractor is responsible for calibration of spray equipment to ensure proper application rates and an even distribution of the insecticide. A median droplet size of 200 to 800 microns shall be applied to minimize drift. Pesticide application must be in compliance with the label.

5.2.7 The contractor will spray the entire canopy, 360° coverage to a height of at least 40ft except for when spraying trees within two tree rows from the edge of treatment unit perimeters (for high pressure hydraulic spray equipment), spraying will be done by directing the nozzle towards the center of the treatment unit, minimizing the chance for drift outside the designated treatment areas. See Tyrrell Map Showing Directional Spray from the Ground.

5.2.8 Orchard staff (COR) will designate a mixing area upon arrival. The Contractor shall provide a spill kit and fire extinguisher, which will be present at the mixing/loading site(s). Tyrrell: The Contractor shall not mix/load in the office compound. The Contractor shall not mix/load within 300 feet of a stream or water source. Areas are suggested for pesticide mixing/loading, based on terrain, access to application areas, and adequate stream buffers, though the Government makes no warranty as to the areas’ condition or suitability to the Contractor. Please see Attachment maps.

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5.2.9 Tyrrell: The Government shall mark with pink surveyors flagging hung from a branch, the trees selected for application from the ground, unless each tree in an orchard is to be sprayed.

5.2.10 The contractor will be responsible for the proper off-site disposal of empty pesticide containers.

6.0 PAYMENT

6.1 Horning: Payment will be made for all completed Items.

6.2 Tyrrell: Applications shall be measured by the number of trees sprayed. No additional payment will be made if rework is necessary or if operations are suspended waiting for favorable weather which may mean another day. A charge of $1,607.00 per damaged tree will be assessed for any orchard tree found damage by the Contractor. See 2.0 for definition of a damage orchard tree.

52.237-01 SITE VISIT

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

(End of Statement of Work)

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SECTION E – INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

Inspection will be made during pesticide application. The Government will visually inspect mixing and loading operations, as well as compliance with stipulations related to application of the product.

Unsatisfactory Work Quality - Based on inspection results, if work quality is unacceptable, the Contracting Officer(CO) will immediately issue a notice of noncompliance to the Contractor and instruct the Contractor to improve the quality of the work. If the quality of the work is not raised to an acceptable level after written notification, the CO may terminate the contract for cause if unacceptable performance ensues.

(End of Inspection and Acceptance)

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SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to 90 days. The contract shall commence upon Government notification to start work.

ESTIMATED START WORK DATES:

Horning Seed Orchard – March 7, 2025 Tyrrell Seed Orchard – March 7, 2025

F.2.0 PROGRESS PLAN

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

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

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SECTION G – 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/ https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/

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(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 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

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SECTION H – 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

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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 Reporting 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

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.

9.0 UNAUTHORIZED PERSONNEL

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

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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.

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(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.

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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)

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SECTION I – CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS

MAY 2024

52.223-10 WASTE REDUCTION PROGRAM MAY 2024

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS MAY 2011

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.

(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:

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

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(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 mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 21 of 71

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

COMMERCIAL SERVICES (NOV 2023)

(a)…