B08_Sol_No__140L4322Q0117_Rand_HVAC_Replacements_7-25-22_final_doc.pdf

Rand HVAC Replacements SOLICITATION NO. 140L4322Q0117 BLM Medford District, Oregon Page 4 of 43

Section Title

Part I—The Schedule

A Solicitation/contract form

B Bid schedule

C Specifications/Drawings

D Packaging and marking

E Inspection and acceptance

F Deliveries or performance

G Contract administration data

H Special contract requirements

Part II—Contract Clauses

I Contract clauses

Part III—List of Documents, Exhibits, and Other Attachments

J List of attachments

Part IV—Representations and Instructions

K Representations, certifications, and other statements of offerors

L Instructions, conditions, and notices to offerors

M Evaluation factors for award

BLM Medford District, Oregon Page 5 of 43

SECTION B – BID SCHEDULE

This requirement is for one (1) Firm Fixed Price Construction contract for Rand HVAC Replacements in the BLM Medford District office, Medford, Oregon, to replace HVAC systems of the Forester and Crew Quarter Houses and upper floor of the Vistor’s Center. The project location is at the Rand Ranger Station, 1.5 miles west of Galice, Oregon.

BASE

Item no. Item Description Quantity Unit of

Measure Unit Price Total 0001 HVAC System and

Miscellaneous Work for Foresters House

1 LS $ $

0002 HVAC System and Miscellaneous Work for Crew Quarters

1 LS $ $

0003 Removal, Disposal, and Miscellaneous Work at Caretakers and River House

1 LS $ $

0004 HVAC System and Miscellaneious Work for Visitors Center

1 LS $ $

TOTAL - Base $ LS = Lump Sum

PERFORMANCE PERIOD: See clause 52.211-10 in Contract Clauses Section

THIS SOLICITATION IS SET ASIDE FOR SMALL BUSINESS.

(End of Section B)

BLM Medford District, Oregon Page 6 of 43

SECTION C – SPECIFICATIONS/DRAWINGS

See Section J – List of Attachments for Drawings and Specifications

PART 2: PRODUCTS

A. Spark Arresters: Shall meet the requirements of the State of Oregon’s regulations.

PART 3: EXECUTION

3.01 HAZARDOUS MATERIAL CONTAINMENT/CLEANUP

A. During contractor operations on lands managed by the BLM, in event of a release as defined in Oregon Administrative Rules (OAR), Chapter 340, Division 142, Oil and Hazardous Materials Emergency Response Requirements, the Contractor shall immediately implement the SPCC plan as referenced herein and notify the on-site Government Contract Representative (COR or PI). The Government Representative will initiate the District’s Hazardous Materials Contingency Plan and/or Spill Containment Plan reporting requirements. The Government Representative will remain on scene until relieved by the District Hazardous Materials Management Coordinator (HMMC) or his/her representative.

B. Spill Prevention, Control, and Countermeasure Plan (SPCC): The Contractor shall develop an SPCC Plan as defined under 40 CFR Part 112. The SPCC Plan will be reviewed and accepted by the Contracting Officer prior to initiating project work. The SPCC Plan shall, as a minimum, contain the following information:

1. Response Priorities

2. Contractor Representative in Charge

3. Duties of Contractor Personnel

4. Contractor Emergency Response Procedures

5. Contents of Spill Containment Kit (SCK)

6. Spill Response Diagram

Upon request, an example of a SPCC may be obtained from the _________ District Environmental Protection Specialist for Hazardous Materials.

C. Spill Containment Kit (SCK): The Contractor shall have a SCK, as described in the SPCC, on-site during any operation and provide training to employees on how components of the SCK are used. The SCK must be designed for use with petroleum products, and must contain, as a minimum, the following items:

1. Two Bales (4 Booms/Bale, of 8" dia. X 10’ length Oil-only Absorbent Booms)

2. Two Bales (100 Pads/Bale, of Oil-only Absorbent Pads, minimum of 17"x19"x1/4")

3. One Oil-only Absorbent Sweep (minimum of 18" dia. X 100' length)

4. One Floating On-Water Containment Boom (minimum 18” width x 100’ length) (only required for in-stream or riparian work within 50 feet or less of a waterway.)

5. Gloves (PVC and Latex), Goggles, and Garbage Bags sufficient to contain soiled absorbents.

BLM Medford District, Oregon Page 7 of 43

D. The Contractor shall implement the Emergency Response Actions described in the SPCC plan. Those actions include, but are not limited to, immediate action to protect employee health and safety, immediate action to stop the flow of product from the equipment, removal of equipment from the waterway if required and/or possible, deployment of the absorbent booms and pads downstream from the equipment, and any other immediate action as specified by Federal and/or State On-Scene Coordinators or his/her representative. The Contractor shall be responsible for cleanup/removal and proper disposal of contaminated materials from the site.

E. If the HMMC determines that additional resources are needed, the HMMC will implement the District’s Hazardous Materials Contingency Plan and the District Spill Containment Plan. The Contractor may be responsible for any or all costs associated with this level of effort. The amount of actual damage will be deducted by the Government from the amount due the Contractor prior to final payment.

(End of Section C)

BLM Medford District, Oregon Page 8 of 43

SECTION D – PACKAGING AND MARKING

Section Does Not Apply

(End of Section D)

BLM Medford District, Oregon Page 9 of 43

SECTION E – INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference:

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(End of Section E)

BLM Medford District, Oregon Page 10 of 43

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

See clause 52.211-10 in Contract Clauses section.

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.

(End of Section F)

BLM Medford District, Oregon Page 11 of 43

SECTION G – CONTRACT ADMINISTRATION DATA

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

G.2.0 In accordance with FAR clause 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons and/or FAR clause 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners, the Contractor is required to track and report on an annual basis the amount in pounds of hydrofluorocarbons (HFCs) or refrigerant blends containing HFCs contained in the equipment and appliances delivered under this contract. For FY16 you are required to submit this report directly to the Contracting Officer; for FY17 and after you must submit the information to the System for Award Management (SAM).

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

BLM Medford District, Oregon Page 12 of 43 selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

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

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

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

(End of clause)

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

(APR 2013)

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

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Products or Commercial Services 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. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

3. If the 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.

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

5. 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

BLM Medford District, Oregon Page 13 of 43 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 Section G)

BLM Medford District, Oregon Page 14 of 43

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 BONDS

When a financial protection is covered by an individual surety, the Contractor shall mail Standard Form 28 Affidavit of Individual Surety in original, wet signature form to:

Bureau of Land Management Oregon State Office ATTN: Branch of Procurement Management [Contractor insert Contract no.] P.O. Box 2965 Portland, OR 97208

Where authorized, bonds covered by United States bonds or notes, certified cashier’s checks, bank drafts or money orders, mail to the above address using ATTN: CBS Lead [Contractor insert Contract no.].

H.2.0 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.

H.3.0 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.

H.4.0 ENVIRONMENTAL INTERRUPTION OF WORK

H.4.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work where the Contractor proceeds during unsafe adverse weather or site conditions, and/or fire danger. Historical average days of severe weather have been included in the performance period. The Contractor will not be entitled to additional contract time or compensation for any such suspensions except when unusually severe weather or unforeseen conditions exist.

H.4.2 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.

H.5.0 DRAWINGS

H.5.1 Reduced Size Drawings. Drawings appearing in this package may be photographically reduced in size.

Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. The Contractor may request full-size drawings from the Contracting Officer.

H.6.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.6.1 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.

H.6.2 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.

BLM Medford District, Oregon Page 15 of 43

H.6.3 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.

H.6.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.7.0 SUBSTITUTION – PROCESSION OF WORK

Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the quotation accepted. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.

H.8.0 ENVIRONMENTAL IMPACT

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

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.9.0 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.

H.10.0 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:

BLM Medford District, Oregon Page 16 of 43

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

H.11.0 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.

H.12.0 CONSTRUCTION WAGE RATES APPLICABLE TO TRUCK DRIVERS

29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.

H.14.0 FIRE DANGER SEASON

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

The following clause is provided in full text:

FIRE REQUIREMENTS PROCEDURES OUTLINE

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

1. CLOSED FIRE SEASON

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

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

BLM Medford District, Oregon Page 17 of 43

Fire tools must be on site;

Fire extinguisher must be in all vehicles;

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

Only unmodified saws are to be used in the forest;

Approved spark arresters must be on all internal combustion engines;

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

BLM Medford District, Oregon Page 18 of 43

NUMBER OF PERSONNEL_______________________________

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

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

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

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

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

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

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

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

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

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

(End of Special Contract Requirements)

(End of Section H)

BLM Medford District, Oregon Page 19 of 43

SECTION I – CONTRACT CLAUSES

The following provision is incorporated by reference:

Clause Title Date

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

Clause Title Date

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB

AND OTHER COVERED ENTITIES

NOV 2021

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT

NOV 2021

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

NOV 2015

52.211-13 TIME EXTENSIONS SEPT 2000

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION SEP 2021

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS AUG 2018

52.222-9 APPRENTICES AND TRAINEES JULY 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION – DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-3 CONVICT LABOR JUNE 2003

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY SEP 2016

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION

APR 2015

52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE

ADJUSTMENT (ACTUAL METHOD)

AUG 2018

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUL 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION NOV 2021

52.222-55 MINIMUMM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026

JAN 2022

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2020

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

SEPT 2013

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2011

52.223-6 DRUG-FREE WORKPLACE MAY 2001

BLM Medford District, Oregon Page 20 of 43

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

AUG 2018

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

DEC 2007

52.227-17 RIGHTS IN DATA – SPECIAL WORKS DEC 2007

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS FEB 2021

52.228-14 IRREVOCABLE LETTER OF CREDIT MAY 2014

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014

52.232-17 INTEREST MAY 2014

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

NOV 2021

52.233-1 DISPUTES MAY 2014

52.233-1 DISPUTES – ALTERNATE I DEC 1991

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS

APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-16 QUANTITY SURVEYS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION –

ALTERNATE I

APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION –

ALTERNATE II

APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-14 SUSPENSION OF WORK APR 1984

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

JAN 2022

52.248-3 VALUE ENGINEERING - CONSTRUCTION OCT 2020

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) – ALTERNATE I APR 1984

BLM Medford District, Oregon Page 21 of 43

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.211-10 – COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.211-12 – LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $289.84 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.217-7 – OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days of the contract expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

OR Benton, OR Clatsop, OR Columbia, OR Crook, OR Deschutes, OR Hood River, OR Jefferson; OR Lincoln, OR Linn, OR Marion, OR Polk, OR Sherman, OR Tillamook, OR Wasco, OR Yamhill = 2.9%;

6.9%

BLM Medford District, Oregon Page 22 of 43

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on

(1) its implementation of the Equal Opportunity clause,

(2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,’’ and

(3) its efforts to meet the goals.

The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is Polk and Yamhill counties, Oregon.

(End of Provision)

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (October 2021 DEVIATION)

(a) Definition. As used in this clause—

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman

Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

BLM Medford District, Oregon Page 23 of 43

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors.

(d) Subcontracts. The contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

52.225-9 – BUY AMERICAN–CONSTRUCTION MATERIALS (NOV 2021)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead

BLM Medford District, Oregon Page 24 of 43 costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

BLM Medford District, Oregon Page 25 of 43

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

BLM Medford District, Oregon Page 26 of 43

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute…