B08_Solicitation_140L4325R0018_HSO_Field_Fence_Install.pdf

Horning Seed Orchard Field Fence Install in Colton, Oregon SOLICITATION NO. 140L4325R0018 BLM OR952, Portland, Oregon Page 4 of 67

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

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SECTION B – PRICE SCHEDULE

This requirement is for one (1) Firm Fixed Price Construction contract for Horning Seed Orchard Field Fence Install in Colton, Oregon for the DOI/Bureau of Land Management, OR952 State Office, Portland, Oregon.

Price Schedule Items Description Unit of

Measure Estimated Quantities

Unit Price Total Price

0001 Materials and Installation for a 7-foot high woven wire frence; also known as field fencing or deer fencing

Feet

3,750

0002 Materials and Installatino for a 16-foot double gate (two (2) 8-footers)

Gate

Total

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

THIS SOLICITATION IS SET ASIDE FOR WOMEN OWNED SMALL BUSINESS CONCERNS.

(End of Section B)

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SECTION C – SPECIFICATIONS/DRAWINGS

Description – Fenceline and Gate Installation: Field fencing must be at least 7 feet high and strung with a square or rectangle woven wire. Fencing must have a 30+ year lifespan. One gate spanning 16 feet shall also be installed. See description of work below.

Quantity: approximately 3,750 ft (0.71 miles)

Project Location: Horning Seed Orchard at: 27004 S. Sheckly Rd., Colton, OR 97017.

1.0 INTRODUCTION:

Horning Seed Orchard farms improved conifer seed for reforestation. It is important to protect the trees that provide the seed from animal browse or other damage.

2.0 SITE DESCRIPTION

The site is located in the eastern foothills of the Willamette Valley at an elevation of 900 feet, is generally flat, and was recently cleared and pile burned. As of January 2025, the site is still bare mineral soil. All the site is drivable except for a few hundred feet in the southernmost corner of the project area. However, there is a county road that could provide some access.

3.0 LOCATION OF PROJECT

The project is located in Clackamas County near Colton, Oregon. The GPS location is 45°12'16.6"N 122°24'39.8"W – which can be copied and pasted into maps. The field fencing is to follow Unger and Baurer roads along the existing cleared area. See project map below.

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4.0 DESCRIPTION OF WORK

The field fencing is to follow Unger and Baurer roads along the existing cleared area. The fence shall be offset a minimum of 15 feet from the ditch line or any guylines supporting power poles.

The fence line must be flagged/staked prior to actual fence installation. Fencing would consist of metal or wooden anchor points (also known as stress panels) with metal intermediate posts. All posts must be buried a minimum of 3 feet. All anchor and corner post holes must be a minimum of 10 inches in diameter and filled with gravel or concrete. A square or rectangle woven wire is to be attached to the posts to create a 7-foot vertical barrier If multiple rolls of woven wire are joined together, they must be connected with fencing clips every 10 feet. No barbed wire and no top railings would be needed with the exception for anchor points and corners, which need a top rail.

Gate posts shall be made of steel and placed in concrete while also following the depth and diameter requirements of anchor posts. Gate panels shall be at least 7 feet tall and 8 feet wide and hung with steel locking hinges. See attached photos for examples.

5.0 ACCESS TO PROJECT AREA

Access to the project site would be from Unger Road and thru the BLM gate. A gate key can be issued if needed.

6.0 CONTRACTOR FURNISHED PROPERTY AND SERVICES

Unless otherwise specified herein, the Contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described in the SOW.

Crew Requirements

A. The Contractor shall maintain an adequate work force at all times to ensure timely completion of the work.

B. At the pre-work conference, the Contractor shall designate one English-speaking supervisor, who is knowledgeable and experienced in the required work. Any changes in supervisory designations must be submitted in writing to the Contract Officer Representative (COR) at least 24 hours prior to the change taking effect.

C. The person designated by the Contractor as supervisor must perform in that capacity. The supervisor must, therefore, effectively direct the crew by making periodic inspections of the crews' work and advising them of any discrepancies found in the work that deviate from the specifications and by providing instructions for correcting any improper work. Any group of people without such an individual will not be considered a crew.

D. The designated supervisor shall be present at the work site each workday. If the supervisor is not present, the crew will not be permitted to work.

E. The supervisor shall know the requirements of the contract including technical requirements and unit locations. The COR or any Government representative will not act as a supervisor to the crew.

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Materials

A. The contractor shall supply all wooden and/or steel metal posts, steel T posts, woven wire, fencing nails, clips, and stays, wire bracing, gates, hinges, gravel, and concrete.

- Wooden posts must be pressure treated and at least 6 inches in diameter.

- Gate must be two 8-foot steel panels to form a 16-foot-wide gate. Gate panels must be at least 7 feet tall.

- Gate posts must be steel and placed in concrete.

Equipment

A. The contractor is responsible for supplying all equipment to complete fencing. Equipment may be stored on site. The government is not liable for any damage or theft that may occur to equipment during operations or storage.

7.0 SECURITY OF MATERIALS

The Contractor may leave its equipment and supplies at the work site. The Contractor shall be responsible for any equipment and supplies if it should be lost, stolen or damaged. Any refuse, garbage, or debris are to be discarded by the Contractor.

8.0 WORK PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" in accordance with Section F.2.0 Progress Plan.

9.0 QUALITY CONTROL PLAN/INSPECTION

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

10.0 WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between one-half hour before sunrise to one-half hour after sunset each day, Monday through Friday, excluding Government holidays.

If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

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11.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or programs.

If, in connection with operations under this contract, the Contractor or employees discovers, encounters, or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical 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 COR and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

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 Changes clause.

The Contractor shall be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor shall be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his/her representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed. Actions taken under this paragraph shall be subject to the FAR 52.242-15 Stop-Work Order.

12.0 PAYMENT

Payment shall be made in full once the COR has notified the CO that the work is acceptable, and the project is complete.

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Example of anchor point with intermediate steel T post to the right and woven wire.

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Example of corner.

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Example of steel double gate with steel posts.

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CONSTRUCTION SPILL PROVISIONS:

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.

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, BLM OR952, Portland, Oregon Page 14 of 67 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)

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SECTION D – PACKAGING AND MARKING

Section Does Not Apply

(End of Section D)

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SECTION E – INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference:

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(End of Section E)

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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)

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SECTION G – CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name,position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

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(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 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)

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 BONDS

When a financial protection is covered by an individual surety, the Contractor shall email the signed Standard Form 28 Affidavit of Individual Surety to the contracting office using the instructions in Section L below.

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 must be mailed 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.

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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.

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.

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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:

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.13.0 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:

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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.

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

NUMBER OF PERSONNEL_______________________________

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

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

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

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

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

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

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

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

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

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

(End of Special Contract Requirements)

(End of Section H)

BLM OR952, Portland, Oregon Page 25 of 67

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

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

JUN 2020

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

COVERED ENTITIES

DEC 2023

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT

NOV 2021

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION JUN 2023

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—PROHIBITION

DEC 2023

52.209-6 PROTECTING THE GOVERNMENT’S INTERESTS WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY

EXCLUDED

JAN 2025

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

52.219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION JAN 2025

52.219-30 NOTICE OF SET-ASIDE FOR WOMEN-OWNED SMALL BUSINESS

CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL

BUSINESS PROGRAM

OCT 2022

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

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES AND

EQUIPMENT EXCEEDING $15,000

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

BLM OR952, Portland, Oregon Page 26 of 67

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION

APR 2015

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUL 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

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

52.223-6 DRUG-FREE WORKPLACE MAY 2001

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

52.228-14 IRREVOCABLE LETTER OF CREDIT MAY 2014

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

52.232-17 INTEREST MAY 2014

52.232-23 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

SUBCONTRACTORS

MAR 2023

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

52.236-17 LAYOUT OF WORK APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.240-1 PROHIBITION ON UNMANNED AIRCRAFT

SYSTEMS MANUFACTURED OR ASSEMBLED BY AMERICAN

SECURITY DRONE ACT-COVERED FOREIGN ENTITIES

NOV 2024

52.242-14 SUSPENSION OF WORK APR 1984

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

JAN 2025

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.248-3 VALUE ENGINEERING - CONSTRUCTION OCT 2020

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE)

APR 1984

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

BLM OR952, Portland, Oregon Page 27 of 67

The following clauses are provided in full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

BLM OR952, Portland, Oregon Page 28 of 67

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

BLM OR952, Portland, Oregon Page 29 of 67

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from…