Terms_and_Conditions.pdf

Aerial Spraying, Horton and Lorane,OR SOLICITATION NO. 140L5018Q0005 BLM Oregon State Office Page 3 of 63

SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for one(1) Firm Fixed Price Commercial Items Services Contract for aerial application of Esfenvalerate Insecticide at theTyrrell Seed Orchard Lorane, OR and at the Horning Seed Orchard in Colton, OR.

BASE

Item no. Item Description Quantity Unit of

Measure Unit Price Total 1 Aerial Application at the

Tyrell Seed Orchard

75.4* AC $ $

2 Aerial Application at the Horning Seed Orchard

21.5* AC $ $

GRAND TOTAL $

* Estimated Quantity AC = Acre

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM Oregon State Office Page 4 of 63

Tyrrell Seed Orchard STATEMENT OF WORK

This is a contract for the application of esfenvalerate insecticide to control Douglas-fir gall midge damage at the Tyrrell Seed Orchard (TSO), Lorane, Lane County, Oregon. The quantities listed in Supplies or Service and Prices/Costs Section are estimated and anticipated to be ordered by the Bureau of Land Management throughout the contract.

1.0 GENERAL

1.1 Description of Project - The Bureau of Land Management (BLM) requires services for a spring 2018 aerial application of esfenvalerate insecticide on 24 to 27 year-old orchard-grown Douglas-fir trees.

1.2 Location of Project – Insecticide application will be at the BLM Tyrrell Seed Orchard near Lorane, Oregon. See Attachment 2 - TSO Vicinity Map.

1.3 Access to Project Area

1.3.1 Access to all spray sites is by gravel surfaced road. Contractor shall use vehicles that are adequate to complete the work identified. See Attachment 3 - TSO Orchard Map.

1.3.2 Gate keys may be supplied to the Contractor after the contract is awarded, upon Contractor request.

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 Unique Features of the Project Area - 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.

However, with roguing, thinning and normal death of trees over the years, remaining trees can be some distance from each other. Tree heights are generally less than 90 feet.

1.5 Timing – Insecticide application must be completed when Douglas-fir flowers are receptive, insects are present, and weather conditions permit. Spraying in past years has taken place as early as March 29 and as late as April 22. The Government will determine optimum timing for the project and notify the Contractor 18 hours prior to projected application.

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.

No-Application Zones – Areas outside of application areas over which turns/access are not permitted by the operator. Riparian concerns are the primary reason for designating these areas.

Critical Boundary – An application boundary that requires the use of special spray techniques, such as half-boom application, to minimize drift from the intended areas. Riparian concerns are the primary reason for designating this type of boundary.

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.

BLM Oregon State Office Page 5 of 63

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.

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

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.

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 The Contractor shall provide 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.

3.2 Other Requirements

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

3.2.2 The Contractor shall attend a pre-work conference and present a written performance plan acceptable to the Government which includes how the work will be accomplished.

3.2.3 Any refuse, debris or garbage generated by the Contractor or crew members shall be cleaned up and removed from the project site by the Contractor and disposed of legally off site before final payment is made.

3.2.4 Person designated by the Contractor as applicator must actually perform in that capacity. The Contractor (operator) shall have a current Oregon commercial pesticide operator's license. The applicator shall have a current Oregon commercial pesticide applicator's license, and a copy of the applicator's license will be provided to the Government at the pre-work conference. Persons who are not licensed applicators shall not use restricted use pesticide. Esfenvalerate is a restricted use pesticide. The ground crew shall be English literate enough to ensure adequate communication with the COR or with the Project Inspector (PI).

3.2.5 The Contractor, applicator, and ground crew shall know the requirements of the contract including technical requirements and orchard unit locations. The Contractor shall comply with all applicable Federal, State and Local regulations.

3.2.6 The Contactor shall submit a signed, daily written log or Pesticide Application Record to the COR after the completion of work, and it shall contain: applicator's name and address, State of Oregon applicator’s license number, date of application, beginning and ending times of application, weather conditions (temperature, climatic conditions, wind and relative humidity), product used and any adjuvants added, application rate, application type, and number of acres treated. The Contractor will

BLM Oregon State Office Page 6 of 63 be responsible for reporting this application information to the Oregon Department of Agriculture Pesticide Use Reporting System (PURS), if applicable.

4.0 GOVERNMENT-FURNISHED ITEMS

a. Aerial photo maps of application units

b. Keys for access to locked gates as described in 1.3.2 idenitifed in this section

c. Esfenvalerate insecticide

d. A spreader-sticker adjuvant

e. Government hand-held communication radio to the ground crew

5.0 SPECIFIC TASKS

5.1 The Contractor shall apply esfenvalerate insecticide from above tree canopy to 15 seed production orchards at the Travis Tyrrell Seed Orchard. See Attachments 4 and 5. Trees in these orchards are generally less than 90 ft. in height. Application shall take place on approximately 75.4 acres during spring 2018.

5.2 The Government will supply the esfenvalerate insecticide and spreader-sticker adjuvant. The Contractor will transport the products from the orchard office compound to the application sites, where mixing will 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.

5.3 The Contractor shall apply esfenvalerate at a rate of 0.19 lb. of active ingredient per acre, per label requirements (0.29 gallon of formulation per acre; see Attachment 6 – Load Calculations). No mixing/loading will occur within 200 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 (see Attachment 5), though the Government makes no warranty as to their condition or suitability to the Contractor. The Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. No mixing/loading will take place in the office compound.

The Contractor shall provide a spill kit and fire extinguisher, which will be present at the mixing/loading area.

5.4 The Contractor shall assure that equipment used for mixing and application will not leak 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.

5.5 All application equipment shall be clean and free from residue prior to any mixing of pesticides.

5.6 The Contractor is responsible for calibration of spray equipment to ensure proper application rates and even distribution of the insecticide.

5.7 If aircrafts are utilized, the Contractor shall spray with a boom that does not exceed 75% of rotor diameter to minimize drift.

BLM Oregon State Office Page 7 of 63

5.8 A median droplet size of 200 to 800 microns shall be applied to minimize drift.

5.9 Pesticide application must be in compliance with the label.

5.10 The COR or PI will 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, when precipitation or fog is occurring or is imminent, or during inversions. The Contractor shall not apply pesticides if winds blow toward flowing streams.

5.11 The Government will place traffic cones near spray unit boundaries to act as a guide for the applicator.

The actual spray boundary of a unit is the canopy dripline of trees. Critical boundaries will be marked in the same manner but with traffic cones at closer spacing, approximately 50 feet apart.

5.12 Application routes shall be parallel to critical boundaries and no-application zones. Operations will not be permitted over streams or water bodies with pesticide.

5.13 The Contractor shall incorporate spray techniques to minimize drift along critical boundaries.

5.14 The Contractor shall not spray pesticide on roads or in ditches.

5.15 During operations, the COR or PI will communicate with the applicator’s ground crew with a government furnished hand-held communication radio.

5.16 Contractor shall keep to the orchard unit spray order as agreed at the pre-work conference. If changes are necessary during the project, the Contractor must notify the COR immediately. Government workers are in or near orchard units preparing for monitoring. Any change in orchard unit spray order without adequate notification could result in a health hazard to these workers.

5.17 Batching large batches of spray mixture on the batch truck is permitted. However, the Government assumes no liability if operations must be suspended, and the batch truck still has a large batch of spray mixture in it which cannot be used. The contractor should arrive with clean water in the batch truck as water is limited at Tyrrell Seed Orchard. There is normally a period of downtime between application on different orchard units, and the COR or PI will notify the applicator as to the time to begin application on the next unit. In certain instances, proceeding immediately to the next orchard unit in the spray order after completing an orchard unit may be allowed only if the COR or PI has given permission after ascertaining that the next orchard unit in the spray order is ready, and Government workers are well cleared from the next orchard unit.

5.18 Contractor’s applicator may not proceed to the next orchard or spray an orchard unit until the COR or PI notifies the applicator’s ground crew that Government workers are cleared from the intended spray unit.

5.19 The Contractor shall apply rinsate to areas in Sections 9 designated by the COR that meet label requirements. All empty pesticide containers will be triple-washed and retained by the Contractor for disposal.

5.20 Contractor-furnished application equipment shall be capable of physically marking or electronically mapping application routes to ensure that pesticide is applied evenly and completely and at the specified rates.

BLM Oregon State Office Page 8 of 63

5.21 It is the Contractor's responsibility to check all work sites for aerial or ground based hazards.

5.22 Spraying operations may not commence until one half hour to two hours (½ - 2 hours) after sunrise and may have to stop one half hour to two hours (½ - 2 hours) before sunset because of Marbled Murrelet restrictions.

6.0 MEASUREMENT AND PAYMENT

6.1 Application of liquid pesticide will be measured by the number of acres treated to the nearest tenth acre.

6.2 Payment will be made at the contract unit price for each acre sprayed. No additional payment will be made if rework is necessary or if operations are suspended waiting for favorable weather on another day.

6.3 Distribution of the pesticide application shall not vary more than 10% above or below the average distribution of pesticide per acre from that specified.

6.4 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.

(End of Statement of Work)

BLM Oregon State Office Page 9 of 63

Horning Seed Orchard STATEMENT OF WORK

This is a contract for the application of esfenvalerate insecticide to control Douglas-fir gall midge damage at the Horning Seed Orchard (HSO), Colton, Clackamas County, Oregon. The quantities listed in Supplies or Service and Prices/Costs Section are estimated and anticipated to be ordered by the Bureau of Land Management throughout the contract.

1.0 GENERAL

1.1 Description of Project - The Bureau of Land Management (BLM) requires services for a spring 2018 aerial application of esfenvalerate insecticide on 23 to 26 year-old orchard-grown Douglas-fir trees.

1.2 Location of Project – Insecticide application will be at the BLM Horning Seed Orchard, 27004 S Sheckly Road, Colton Oregon.

1.3 Access to Project Area

1.3.1 If aircraft are used, there is paved road access to a helicopter landing zone. See Attachment 7 Horning Project Map.

1.3.2 Gate keys may be supplied to the Contractor after the contract is awarded, upon Contractor request.

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 Unique Features of the Project Area - Aspect is varied, with mostly gentle slopes less than 7%; Initial tree spacing was approximately 20 feet x 20 feet. However, with roguing, thinning and normal death of trees over the years, remaining trees can be some distance from each other. Tree heights are generally less than 80 feet.

1.5 Timing – Insecticide application must be completed when Douglas-fir flowers are receptive, insects are present, and weather conditions permit. Spraying can not occur before April 1st 2018. Spraying in past years has taken place as early as April 2nd and as late as May 14th . The Government will determine optimum timing for the project and notify the Contractor 18 hours prior to projected application.

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.

No-Application Zones – Areas outside of application areas over which turns/access are not permitted by the operator. Riparian concerns are the primary reason for designating these areas.

Critical Boundary – An application boundary that requires the use of special spray techniques, such as half-boom application, to minimize drift from the intended areas. Riparian concerns are the primary reason for designating this type of boundary.

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.

BLM Oregon State Office Page 10 of 63

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.

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

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.

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 The Contractor shall provide 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.

3.2 Other Requirements

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

3.2.2 The Contractor shall attend a pre-work conference and present a written performance plan acceptable to the Government which includes how the work will be accomplished.

3.2.3 Any refuse, debris or garbage generated by the Contractor or crew members shall be cleaned up and removed from the project site by the Contractor and disposed of legally off site before final payment is made.

3.2.4 Person designated by the Contractor as applicator must actually perform in that capacity. The Contractor (operator) shall have a current Oregon commercial pesticide operator's license. The applicator shall have a current Oregon commercial pesticide applicator's license, and a copy of the applicator's license will be provided to the Government at the pre-work conference. Persons who are not licensed applicators shall not use restricted use pesticide. Esfenvalerate is a restricted use pesticide. The ground crew shall be English literate enough to ensure adequate communication with the COR or with the Project Inspector (PI).

3.2.5 The Contractor, applicator, and ground crew shall know the requirements of the contract including technical requirements and orchard unit locations. The Contractor shall comply with all applicable Federal, State and Local regulations.

3.2.6 The Contactor shall submit a signed, daily written log or Pesticide Application Record to the COR after the completion of work, and it shall contain: applicator's name and address, State of Oregon applicator’s license number, date of application, beginning and ending times of application, weather conditions (temperature, climatic conditions, wind and relative humidity), product used and any adjuvants added, application rate, application type, and number of acres treated. The Contractor will

BLM Oregon State Office Page 11 of 63 be responsible for reporting this application information to the Oregon Department of Agriculture Pesticide Use Reporting System (PURS), if applicable.

4.0 GOVERNMENT-FURNISHED ITEMS

a. Aerial photo maps of application units

b. Keys for access to locked gates as described in 1.3.2 idenitifed in this section

c. Esfenvalerate insecticide

d. A spreader-sticker adjuvant

e. Government hand-held communication radio to the ground crew

5.0 SPECIFIC TASKS

5.1 The Contractor shall apply esfenvalerate insecticide from above tree canopy to 4 seed production orchards at the Horning Seed Orchard. See Attachment 7 Horning Project Map. Trees in these orchards are generally less than 80 ft. in height. Application shall take place on approximately 21.5 acres during spring 2018.

5.2 The Government will supply the esfenvalerate insecticide and spreader-sticker adjuvant. The Contractor will transport the products from the orchard office compound to the application sites, where mixing will 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.

5.3 The Contractor shall apply esfenvalerate at a rate of 0.19 lb. of active ingredient per acre, per label requirements (see Attachment 8 – Horning Load Calculations). No mixing/loading will occur within 200 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 (see Attachment Horning Project Map), though the Government makes no warranty as to their condition or suitability to the Contractor.

The Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. The COR will designate a mixing and loading area. The Contractor shall provide a spill kit and fire extinguisher, which will be present at the mixing/loading area.

5.4 The Contractor shall assure that equipment used for mixing and application will not leak 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.

5.5 All application equipment shall be clean and free from residue prior to any mixing of pesticides.

5.6 The Contractor is responsible for calibration of spray equipment to ensure proper application rates and even distribution of the insecticide.

5.7 If aircrafts are utilized, the Contractor shall spray with a boom that does not exceed 75% of rotor diameter to minimize drift.

5.8 A median droplet size of 200 to 800 microns shall be applied to minimize drift.

BLM Oregon State Office Page 12 of 63

5.9 Pesticide application must be in compliance with the label.

5.10 The COR or PI will 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, when precipitation or fog is occurring or is imminent, or during inversions. The Contractor shall not apply pesticides if winds blow toward flowing streams.

5.11 The Government will place traffic cones near spray unit boundaries to act as a guide for the applicator.

The actual spray boundary of a unit is the canopy dripline of trees. Critical boundaries will be marked in the same manner but with traffic cones at closer spacing, approximately 50 feet apart.

5.12 Application routes shall be parallel to critical boundaries and no-application zones. Operations will not be permitted over streams or water bodies with pesticide.

5.13 The Contractor shall incorporate spray techniques to minimize drift along critical boundaries.

5.14 The Contractor shall not spray pesticide on roads or in ditches.

5.15 During operations, the COR or PI will communicate with the applicator’s ground crew with a government furnished hand-held communication radio.

5.16 Contractor shall keep to the orchard unit spray order as agreed at the pre-work conference. If changes are necessary during the project, the Contractor must notify the COR immediately. Government workers are in or near orchard units preparing for monitoring. Any change in orchard unit spray order without adequate notification could result in a health hazard to these workers.

5.17 Batching large batches of spray mixture on the batch truck is permitted. However, the Government assumes no liability if operations must be suspended, and the batch truck still has a large batch of spray mixture in it which cannot be used. Proceeding immediately to the next orchard unit in the spray order after completing an orchard unit may be allowed only if the COR or PI has given permission after ascertaining that the next orchard unit in the spray order is ready, and Government workers are well cleared from the next orchard unit.

5.18 Contractor’s applicator may not proceed to the next orchard or spray an orchard unit until the COR or PI notifies the applicator’s ground crew that Government workers are cleared from the intended spray unit.

5.19 The Contractor shall apply rinsate tin thew C10 orchard area designated by the COR that meet label requirements. All empty pesticide containers will be triple-washed and retained by the Contractor for disposal.

5.20 Contractor-furnished application equipment shall be capable of physically marking or electronically mapping application routes to ensure that pesticide is applied evenly and completely and at the specified rates.

5.21 It is the Contractor's responsibility to check all work sites for aerial or ground based hazards.

5.22 Spraying operations may not commence until one half hour to two hours (½ - 2 hours) after sunrise and may have to stop one half hour to two hours (½ - 2 hours) before sunset because of Marbled Murrelet restrictions.

BLM Oregon State Office Page 13 of 63

6.0 MEASUREMENT AND PAYMENT

6.1 Application of liquid pesticide will be measured by the number of acres treated to the nearest tenth acre.

6.2 Payment will be made at the contract unit price for each acre sprayed. No additional payment will be made if rework is necessary or if operations are suspended waiting for favorable weather on another day.

6.3 Distribution of the pesticide application shall not vary more than 10% above or below the average distribution of pesticide per acre from that specified.

6.4 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.

(End of Statement of Work)

BLM Oregon State Office Page 14 of 63

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)

BLM Oregon State Office Page 15 of 63

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to May 11, 2018.

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)

BLM Oregon State Office Page 16 of 63

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 in the Past Performance Information Retrieval System (PPIRS) 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 http://www.cpars.csd.disa.milJ. 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 http://www.cpars.csd.disa.mil/. 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.

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

BLM Oregon State Office Page 17 of 63

(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 Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

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

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

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

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

BLM Oregon State Office Page 18 of 63

SPECIAL CONTRACT REQUIREMENTS

1.0 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.

2.0 ENVIRONMENTAL INTERRUPTION OF WORK

2.1 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.

2.2 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.

3.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

3.1 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.

3.2 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.

3.3 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.

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

4.0 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

BLM Oregon State Office Page 19 of 63 subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

5.0 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.

6.0 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

7.0 RESTORATION OF RESOURCES

7.1 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.

7.2 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.

8.0 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 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

BLM Oregon State Office Page 20 of 63 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.

9.0 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

10.0 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:

CONTRACTOR PERSONNEL SECURITY AND SUITABILITY REQUIREMENTS (DEC 2009)

Performance of this contract requires contractor personnel to have a Federal government-issued Personal Identify Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer’s Representative (COR) or Contracting Officer’s Technical Representative (COR) will be the requesting official, and will make arrangements through a DOI Access Card Sponsor for personal identity verification and DOI Access Card issuance.

At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to non-public areas of a Federally-controlled facility. Logical Access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system. The Contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:

• OPM Standard Form 85 or 85P

• OF 306

• National Criminal History Check (NCHC) (local procedures may require the fingerprinting to be done at a police station; in that case, any charges are to be borne by the contractor)

• Release to Obtain Credit Information

• PIV card application (web-based)

Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual’s suitability for the position. If the

BLM Oregon State Office Page 21 of 63

NCHC adjudication is favorable, a DOI Access Card will be issued for that individual. If the adjudication is unfavorable, the credentials will not be issued and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.

Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor must ensure they are available for such contact.

Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual’s credentialed status.

Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated as a USAccess Credentialing Center. Those Contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.

During performance of the contract, the Contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR/COTR.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have routine unsupervised access to a Federally controlled facility for more than 180 calendar days or any unsupervised access to a Federally controlled Level 3 or 4 information system.

(End of clause)

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.

BLM Oregon State Office Page 22 of 63

(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.

BLM Oregon State Office Page 23 of 63

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…