B08-RFQ 140L4321Q0019-Horton Mill PCT3 Juniper Thinning- County of Harney-OR.pdf

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HORTON MILL PCT3
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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

0004276559 CODE 16. ADMINISTERED BYCODE

X

X

561730

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORLHA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/09/2021 1700 PS

03/18/2021

(503)250-3902Timothy Wanamaker (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4321Q0019

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 630040518096OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

HINES OR 97738

28910 HWY 20 WEST

BLM-OR BURNS DISTRICT OFFICE*

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM OR-ST OFC PROC MGMT BR(OR952)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Horton Mill PCT3 Units 1,2, and 3 Thinning and Juniper Cutting, and Machine Gathering and Piling.

Contractor Name and POC to include email:

Contractor DUNS:

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Timothy Wanamaker

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

X X

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00010

Delivery: 10/31/2021.

THINNING/JUNIPER CUTTING. Product/Service Code:

F018. Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

MACHINE/GATHERING PILING

Product/Service Code: F018 Product/Service Description: NATURAL RESOURCES/

CONSERVATION- OTHER FOREST/RANGE IMPROVEMENTS

(NON-CONSTRUCTION)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Period of Performance: 05/01/2021 to 10/31/2021

PRECOMMERCIAL THINNING 2, HORTON MILL/SKULL CREEK AREA, OR SOLICITATION NO. 140L4321Q0019 BLM BURNS DISTRICT Page 3 of 61

SERVICES AND PRICES

This requirement is for one (1) Firm Fixed Price Commercial Items Services Contract precommercial thinning approximately 12 air miles northwest of Burns, OR in the Horton Mill/Skull Creek area.

BASE

Item no. Item Description Quantity Unit of

Measure Unit Price Total 0010 Horton Mill PCT3 Units 1, 2, and 3 Units Thinning/Juniper Cutting

321* AC $

0020 Horton Mill PCT3 Units 1, 2, and 3 Units Machine/Gathering Piling

321* AC $

GRAND TOTAL: $

* Estimated Quantity AC = Acre

PERIOD OF PERFORMANCE: 05/01/2021 through 10/31/2021

(End of Supplies/Services and Prices/Costs)

BLM BURNS DISTRICT Page 4 of 61

STATEMENT OF WORK - PRECOMMERCIAL THINNING/JUNIPER CUTTING AND MACHINE

PILING

1. GENERAL

1.1. Description of Work. Project consists of providing more growing space for selected trees by cutting competing trees and machine piling the slash. The units are in the transition range from western juniper woodlands to ponderosa pine forest. The cutting is a mix of precommercial thinning and juniper cutting.

1.2. Location of Project. Project maps show the location of project areas. Township/Range and distance/direction from the nearest town are as follows:

1.2.1. Item No. 0010, 0020, Horton Mill PCT Units 1, 2, and 3.

1.2.1.1. T. 21 S., R. 29 E., Sections 28, 33, 34

1.2.1.2. T..22 S., R. 29 E., Sections 5, 16

1.2.2. Units are in the Horton Mill/Skull Creek Area. They are approximately 12 air miles northwest of Burns, Oregon.

1.3. Boundaries of Project Areas. All Units are marked with orange flagging and green paint. The paint faces into the project area. All units were surveyed using the Global Positioning System and acreages computed on a horizontal basis. There are several units from other projects in the general vicinity. Some of these other projects may use colors of paint and flagging like those listed in this paragraph.

1.4. Access.

1.4.1. Unit 1 can be reached by taking Hines Logging Road northwest of Burns, Oregon to Walters Road on right (approximately 13.5 miles). Approximately one mile up the Walters Road take a left on unnamed two-track. Proceed approximately 0.2 miles up unnamed two-track and unit will be on the right.

1.4.2. Unit 2 can be reached by taking Hines Logging Road northwest of Burns, Oregon to the East Horton Mill Road (approximately 15.5 miles). Approximately 1.25 miles up the East Horton Mill Road and the unit will be on the right.

1.4.3. Unit 3 can be reached by taking Hines Logging Road northwest of Burns, Oregon to the East Horton Mill Road (approximately 15.5 miles). Follow East Horton Mill Road for approximately 3.75 miles and turn left on unnamed two-track road. Take the unnamed two-track for approximately 1 mile and unit will be on the left.

1.4.4. Access to the project areas is by seasonal roads, wet road conditions may hinder or temporarily prevent access.

1.5. Site Closures. In the event of a site closure, the Contractor shall not perform or make deliveries to the site unless it is reopened by the Government, unless specified otherwise by the Contracting Officer or their designated representative.

1.6. Additional Bureau of Land Management (BLM) travel maps are available for purchase at the Burns District Office in Hines, Oregon, and are highly recommended for navigation.

BLM BURNS DISTRICT Page 5 of 61

1.7. Use of All-Terrain Vehicles (ATVs): Use of ATVs will be allowed to access remote portions of project areas if needed. If an ATV is used, it shall be of such design that it will travel over rough, uneven terrain and not create wheel ruts and channels.

1.8. Permit. State law requires a permit to operate power driven machinery. Permits must be obtained from the

State Forestry Office in Salem or at local offices prior to the operation of power-driven machinery. This requirement applies to chain saws.

1.9. Noxious Weeds. To prevent the spread of noxious weeds, all equipment and vehicles will be cleaned off prior to entry onto Government land. Removal of all dirt, grease, and plant parts that carry noxious weed seeds or vegetative parts is required and may be accomplished with a pressure hose. In addition, Contractor's equipment shall be cleaned prior to all subsequent moves if operations have been in an area known to have noxious weeds.

2. DEFINITIONS

2.1. Brush - Vegetation consisting of shrub species with single or multi-stems origination at or near ground level not normally reaching 20 feet in height. Examples include mountain mahogany, chokecherry, and serviceberry.

2.2. Competitive trees - All juniper seedlings, saplings, and trees and other live coniferous trees over 1-foot tall, not selected as leave trees, or stumps with live limbs.

2.3. Conifer - An evergreen or cone bearing tree such as ponderosa pine, Douglas-fir, Western larch, grand fir, white fir, and juniper.

2.4. Cull tree - Live trees over 12 and less than 18 inches DBH that have broken, dead, or forked tops that will not produce a 17-foot sawlog in the tree bottom or show clear signs of low vigor because of disease or other factors. Cull trees with potential wildlife value, as designated in the field by the Government, shall not be cut.

2.5. Cut leave tree - A tree noted during inspection of the area as a tree that should not have been cut.

2.6. Damaged leave tree - A leave tree damaged through felling of other trees or brush or contact with cutting tools.

2.7. DBH - Diameter of the tree at breast height, measured at a point 4½ feet above ground level from the uphill side of the tree.

2.8. Duff - A layer of needle cast and fine woody material on the forest floor, usually in various depths and stages of decomposition.

2.9. Hardwood - A broad-leaved tree which usually has a single well-defined trunk and attains a height of greater than 20 feet. Includes, but not limited to, species such as aspen, cottonwood, and willow. Sprouting hardwood species may be in the form of multi-stemmed clumps.

2.10. Leave trees:

2.10.1. (Trees not cut) All conifer trees except juniper, greater than 12 inches DBH not defined as cull and all snags 18 inches DBH or greater. All hardwood trees.

2.10.2. Any tree having survey/monument signs or survey marks on it.

2.10.3. All trees along fence lines that have fence wire attached to them.

2.10.4. Trees with cultural significance or obvious wildlife occupation, i.e., cavities or raptor nests.

2.10.4.1. All leave trees are not marked. It is the Contractor's responsibility to identify them.

2.11. Lodged trees - Cut trees leaning into, supported by, or covering a leave tree.

2.12. Lop - Trim by cutting off branches, twigs, or stems.

2.13. Noncompetitive trees - Coniferous trees less than 1-foot high.

2.14. Old growth juniper - Any juniper tree possessing all these characteristics: a rounded top, large dead limbs, deeply furrowed bark, deeply dissected trunk, large lower limbs, and yellow lichen on branches.

2.15. Shrub - Vegetation consisting of shrub species with single or multi-stems origination at or near ground level not normally reaching 20 feet in height. Examples include, but are not limited to, mountain mahogany, chokecherry, and serviceberry.

BLM BURNS DISTRICT Page 6 of 61

2.16. Slash - Any downed woody material within the project area. Slash includes cull logs, uprooted stumps, wood chunks, broken tops, limbs, branches, rotten wood, dead or damaged mountain mahogany, damaged brush, damaged or destroyed young trees, felled snags, and surplus trees.

2.17. Surplus trees - Live conifers competing for growing space with selected leave trees and standing dead trees less than 18 inches DBH.

2.18. Uncut surplus trees - Trees that have not been cut to provide the required spacing for leave trees, and/or stumps with live limbs.

3. CONTRACTOR-FURNISHED ITEMS

3.1. The Contractor shall provide all transportation, supervision, labor, tools, materials, and equipment required to satisfactorily complete the contract.

3.2. Crew Requirements

3.2.1. The Contractor shall maintain an adequate workforce to ensure timely completion of the work. At the prework conference, and as required throughout the contract, the Contractor shall provide a work schedule outlining proposed work accomplishment rates which must be acceptable to the Government.

3.2.2. No more than three (3) crews will be permitted to work simultaneously unless authorized.

3.2.3. State safety regulations require that crewmembers shall not work alone and access to emergency transportation shall be always provided by the Contractor.

3.2.4. The Contractor shall obtain written authorization from the BLM Resource Area Office prior to camping on land administered by the BLM.

3.3. Supervisor Requirements.

3.3.1. This person shall be capable of speaking and reading English well enough to ensure good communications with the Contracting Officer’s Representative (COR). Any group of people without such an individual will not be considered a crew. Should the supervisor fail to adequately perform these duties, the Government has the right to request substitution. The Contractor shall designate one English-speaking supervisor for each crew. Any changes in supervisory designations must be submitted in writing to the CO at least 24 hours prior to the changes taking effect.

3.3.2. Persons designated by the Contractor as supervisors must supervise personnel and the work performed. The supervisor shall ensure the contract work is performed properly. The supervisor must, therefore, effectively direct the crew by:

3.3.2.1. Making periodic inspections of the crew's work.

3.3.2.2. advising them as to deficient work.

3.3.2.3. providing instructions for correcting such deficiencies

4. SPECIFIC TASKS

4.1. Selection of Leave Trees.

4.1.1. Where enough occur, approximately 90 vigorous, well-formed ponderosa pine leave trees per acre conforming to an average 22-foot spacing shall be identified by the Contractor. All junipers shall be cut unless protected under paragraph 4.2.2.

BLM BURNS DISTRICT Page 7 of 61

4.1.2. The largest, healthiest, best formed leave trees shall be selected in the following species priority:

4.1.2.1. Ponderosa pine.

4.1.2.2. No other species shall be selected.

4.1.3. All ponderosa pine trees, regardless of size, shall be considered when selecting leave trees in the 22-foot average spacing requirement.

4.1.4. Additional surplus or leave trees may be identified located in irregular clumps or patches.

4.1.5. Trees with mistletoe on the top one-third of the crown shall not be selected as leave trees. Of the remaining trees, the most mistletoe-free dominant and co-dominant trees shall be selected for leave trees.

4.1.6. Where brush or rock create non-stocked openings greater than 40 feet in diameter, leave trees shall be left 10 feet apart on the perimeter of the non-stocked area.

4.1.7. The Contractor may vary the spacing 10 percent to select the best leave tree (i.e., dominant vigorous conifer) without numerically changing the average number of leave trees per acre.

4.1.8. Live mountain mahogany, serviceberry, bitter cherry, chokecherry, willow, and aspen shall not be cut.

4.1.9. No leave tree less than 12 inches DBH shall be left within 22 feet of any leave tree 20 inches DBH or larger.

4.1.10. No leave tree less than 12 inches DBH shall be left within 22 feet of any live mountain mahogany, service berry, bitter cherry, chokecherry, or willow.

4.1.11. No leave tree less than 20 inches DBH shall be left within 50 feet of any live aspen.

4.2. Treatment of Surplus Trees

4.2.1. No conifers greater than 12 inches DBH or under 1-foot tall shall be cut, except for juniper seedlings, saplings, and trees; trees defined as cull (see definition of cull); and all standing dead trees (snags) less than 18 inches DBH.

4.2.2. All dead and live juniper that are not providing cavity-nesting habitat or showing old growth characteristics shall be cut. Junipers shall be cut, not girdled.

4.2.3. All juniper trees with boundary paint or ribbon for this contract shall be cut and piled, unless already protected under other specifications of this contract. All cull pine trees with boundary paint or ribbon for this contract shall be cut and piled, unless already protected under other specifications of this contract.

4.2.4. All surplus trees shall be completely severed from the stump(s) unless otherwise specified herein. No live limbs will be left on the stump of cut trees. Stump height shall not exceed 6 inches measured on the uphill side.

4.2.5. Cut trees lodged in leave trees shall be dislodged or removed.

4.2.6. No cut trees shall be left across secondary roads for more than two days.

BLM BURNS DISTRICT Page 8 of 61

4.2.7. Cut trees falling across property lines between BLM and adjacent landowners, as shown on the project maps, shall be moved completely into the project area.

4.2.8. All fences shall be kept free of cut trees concurrently with thinning. Leave all pine trees to which a fence is attached. Any damage to fences resulting from this project shall be fixed by the Contractor, at the Contractor's expense, on the same day that damage occurred.

4.2.9. Contractor shall protect from injury or damage all bearing trees, corner posts and monuments within or adjacent to the project area(s).

4.2.10. No leave tree shall be selected closer than 3 feet from the edge of any road.

4.3. General - Machine Gathering/Piling Item 0002.

4.3.1. The following specifications are designed to accomplish the reduction of fire hazard in the designated area by machine piling of the slash created by cutting activities as well as preexisting slash.

4.3.2. Machine piling shall be done concurrent with cutting. No more than 10 acres may be cut without being piled.

4.3.2.1. Definition of Slash. Any downed woody material within the project area. Slash includes cull logs, uprooted stumps, chunks, broken tops, limbs, branches, rotten wood, dead mountain mahogany, damaged brush, damaged or destroyed young trees, felled snags, and surplus trees.

4.4. Equipment –Machine Gathering/Piling Item 0002.

4.4.1. Machine gathering/piling shall be accomplished with machinery capable of suspending one end of the load and as needed, yarding slash to a suitable site for piling. It is expected that the type of equipment shall be a Caterpillar E140 excavator or equivalent or smaller. In areas of thick duff and small slash particle size, the duff and small slash pieces shall be incorporated into the slash piles.

4.4.2. It is anticipated that this will be accomplished by a crawler –type tractor the size of a Caterpillar D-4 or equivalent or smaller. This tractor shall be equipped with a brush blade no more than 10 feet six inches in width. However, other equipment may be considered by the COR if the Contractor can provide assurances that the duff and small slash particles can be effectively gathered and piled with the equipment proposed without undue resource damage.

4.5. Location and Construction of Piles.

4.5.1. Pile locations will be selected by the Contractor and must be within the unit boundaries.

4.5.2. Distance between machine piles measured from pile edge to pile edge will be at least 75 feet.

4.5.3. Piles shall be located so that burning will not cause damage to standing green trees or to physical improvements such as cattleguards or fences. Unless otherwise approved, this will be construed to mean the near edge of piles will be at least 12 feet or not less than twice the height of a pile from the base of any live tree or physical improvement, whichever is the greater distance.

4.5.4. If conditions make it impractical to locate piles so that damage to the leave trees cannot be completely avoided, a space shall be cleared, and all material placed on the pile in the cleared area.

Select a low priority tree to sacrifice where spacing allows no room for a pile. Natural openings shall all be used before clearing a pile site.

BLM BURNS DISTRICT Page 9 of 61

4.5.5. Machine piles shall contain a minimum of soil. No dirt other than that adhering to bark or in root wads will be acceptable in the pile.

4.5.6. Machine piles shall not be less than 16 feet in diameter nor less than 8 feet in height. Machine piles shall not exceed 22 feet in diameter or 12 feet in height. The piles shall be constructed by laying stems, cut boles, and other slash to be parallel with each other as much as is practicable. All other specifications regarding machine piles shall still apply.

4.5.7. All logs shall be placed in piles perpendicular to the slope so they will not roll downhill during burning.

4.5.8. Logs or pieces 20 inches or larger at the large end shall be left in place and not piled whenever possible and practicable.

4.5.9. All slash within 20 feet of the edge of the pile shall be piled.

4.5.10. All material placed in the pile shall be contained within the general contour of the pile.

4.5.11. The majority of duff within 4 feet of ponderosa pine trees over 26 inches DBH will be scraped down to mineral soil on all sides and will be spread away from any leave tree to a depth of less than 12 inches. Care shall be taken to not dislodge the bark on the tree nor to dig into the soil and disturb the root system.

4.5.12. It is anticipated this work will be conducted with an excavator. If this work cannot be accomplished with an excavator, hand tools shall be used. A dozer or skidder will not be approved for this work.

4.6. Damage.

4.6.1. Trees knocked over or uprooted shall be cut leaving a stump no higher than 6 inches above the ground and shall be treated as any other slash in the unit.

4.6.2. Piling shall be accomplished with the least possible disturbance to the residual stand, ground cover, and soil. If, the Contractor is causing too much damage, the Contractor shall be required to alter his operation to prevent the occurrence of such damage. The amount of acceptable damage to the resources varies from timber type to soil type and slope.

4.7. Damage to Improvements. Equipment shall not be operated on road surfaces, cutbanks or fill slopes. Any damage to fences shall be immediately repaired. Also, damage to water bars, ditches, and other improvements shall be promptly repaired before leaving the area. These repairs will be at the expense of the Contractor.

5. UTILIZATION OF WOODY BIOMASS.

5.1. The Contractor may remove and utilize woody biomass if:

5.1.1. Project work is progressing as scheduled.

5.1.2. Removal is completed before contract expiration.

5.2. To execute this option, the Contractor must submit a written request to the Government. There is an estimated quantity of 500 green tons of woody biomass in the project area.

BLM BURNS DISTRICT Page 10 of 61

5.3. Following receipt of the written request, and if appropriate, the Government and the Contractor will negotiate and execute a separate timber/vegetative sales contract. Payment under the timber/vegetative sale contract must be at a price equal to or greater than the appraised value of the woody biomass. The Contractor must make any appropriate payment specified in the related timber/vegetative sales contract before removal may be authorized.

5.4. If required by law, regulation or Bureau policy, the Government will prepare a timber/vegetative sales notice and/or prospectus, including volume estimates, appraised value, and any appropriate special provisions.

5.5. The Contractor must treat any woody biomass not removed in accordance with the specifications in the service contract.

5.6. The sales contract and service contract are severable; default or termination under either contract does not remove the Contractor from payment or performance obligations under the other contract.

5.7. Definitions:

5.7.1. Timber/vegetative sales contract and/or notice means the agency-specific authorized contract instrument for the sale, barter, exchange, billing, or other compensation for the payment, removal, and/or transportation of woody biomass material.

5.7.2. Woody biomass means the trees and woody plants, including limbs, tops, needles, leaves, and other woody parts, grown in a forest, woodland, or rangeland environment, that are the by- products of management, restoration and/or hazardous fuel reduction treatment.

6. REMEASUREMENT OF UNITS. The Contractor may, at any time during the contract, request remeasurement of any unit he feels that the acreage stated in the contract is incorrect. If remeasurement indicates that a variance of 5 percent or less exists, the Contractor will pay for the actual cost of the remeasurement. Under this condition, payment for the unit will be made on the acreage stated in the contract. If remeasurement indicates the actual variance is greater than 5 percent, payment for the unit will be based on the remeasured acreage. Acreages are measured on the horizontal plane.

7. PRESERVATION OF HISTORICAL AND ARCHAEOLOGICAL RESOURCES. If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistorical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the CO in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Suspension of Work clause.

8. RESTORATION OF RESOURCES.

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

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

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

9. SUBCONTRACTS.

9.1. If the Contractor desires to subcontract any work under the contract, it shall obtain the Contracting Officer's written consent. The request to subcontract shall contain the following information:

BLM BURNS DISTRICT Page 11 of 61

9.1.1. Name of subcontractor.

9.1.2. Description and number of supplies or services to be subcontracted. The Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

(End of Statement of Work)

BLM BURNS DISTRICT Page 12 of 61

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 BURNS DISTRICT Page 13 of 61

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award.

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

The following clauses are provided n full text:

(End of Deliveries or Performance)

BLM BURNS DISTRICT Page 14 of 61

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/

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(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”.

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

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

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

(End of Local Clause)

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

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SPECIAL CONTRACT REQUIREMENTS

1.0 ACCESS

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

2.0 WORK HOURS

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

3.0 ENVIRONMENTAL INTERRUPTION OF WORK

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

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

4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

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

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

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

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

5.0 ENVIRONMENTAL IMPACT

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

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

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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 Affirmative Procurement of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

8.0 RESTORATION OF RESOURCES

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

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

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

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

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9.0 UNAUTHORIZED PERSONNEL

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

10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

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

Information on obtaining this license may be obtained from:

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

11.0 FIRE DANGER SEASON

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

The following clause is provided in full text:

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

REGISTRATION MAINTENANCE

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

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

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

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

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

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

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(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.

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FIRE REQUIREMENTS PROCEDURES OUTLINE

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

1. CLOSED FIRE SEASON

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

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

• Fire tools must be on site;

• Fire extinguisher must be in all vehicles;

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

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

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

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

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

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

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

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

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

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

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

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

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

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

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• 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.

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