B08_Solicitation.pdf
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- NEW_FIRE SCHOOL CATERING_4-10JUNE_UNITY Federal contract opportunity
- Solicitation number
- 140L4323Q0052
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
0004276562 CODE 16. ADMINISTERED BYCODE
X
X
X
722320
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORLHA
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
03/20/2023 1200 PD
03/03/2023
5038086545Benjamin Becker (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140L4323Q0052
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 61 0040603613OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
VALE OR 97918
102 WAREHOUSE OREGON STREET
BLM-OR VALE DISTRICT OFFICE*
15. DELIVER TO
PORTLAND OR 97204
1220 SW 3rd Avenue, 12th Floor
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
BLM OR-ST OFC PROC MGMT BR(OR952)
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Header Text: Fire- SRV Rookie School mobile caterer. 6/6/22-6/11/22, guaranteed amount of meals needed is 980.
This requirement is for one (1) firm fixed price commercial items service requirement to perform Catered Meals from a Mobile Catering Unit in the Vale District at the Burnt River Charter School in Unity, Oregon.
Delivery: 06/10/2023 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Courtney Casavan
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Period of Performance: 06/05/2023 to 06/10/2023
Catering for annual Fire School week in Unity, OR.
00010 Catering
Product/Service Code: S203
Product/Service Description: HOUSEKEEPING- FOOD
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
61 2 of
Rookie Fire School Catering SOLICITATION NO. 140L4323Q0052
BLM Vale District Office, Oregon Page 3 of 61
SERVICES AND PRICES
The requirement for this contract is for an on-site catering service for 980 total meals from June 5th through June
10th in Unity, OR. This will be a buffet style dining with an anticipated 70 participants per mealtime. Items include
Breakfast, Lunch, and Dinner on all days except the first and last.
2023 Snake River Valley Rookie Fire School Mobile Caterer
PERIOD OF PERFORMANCE: See Deliveries or Performance section.
(End of Supplies/Services and Prices/Costs)
Item Description Est Qty Unit Unit Price Total 0010 Breakfast
Buffet Meal
350 Each
0020 Lunch Sack
Meal
280 Each
0030 Dinner Buffet
Meal
350 Each
Total 980
BLM Vale District Office, Oregon Page 4 of 61
STATEMENT OF WORK
2023 Snake River Valley Rookie Fire School Mobile Caterer
Vale District BLM
Onsite Mobile Catering will be needed June 5, 2023, through June 10, 2023.
Location: Burnt River Charter School 201 S 1st Ave, Unity, OR 97884.
The Vale District Bureau of Land Management has a requirement for a mobile catering unit for the Snake River
Valley (SRV) Rookie Fire School, which will be held June 5 through June 10, 2023. SRV crews are Type 2 Hand
Crews that are a national resource. They’re a large organization that consist of 500-1000 fire fighters that fight wildland fires throughout the nation. Annually they will put on Rookie Fire School to train new hires. The location of fire school is the Burnt River Charter School in Unity, Oregon. We’re requesting an onsite mobile caterer to serve personnel that will be attending SRV Rookie school.
• Gray water dumping available on-site.
• Fresh water access on-site.
• Power available on-site.
There is a need to furnish the following meals for 70 individuals. We will guarantee the need of 70 meals, with the contingency that additional meals might be needed at a price per meal rate. Contractor will be needed to stay on site during mealtimes below, with refrigerated unit and dry goods storage unit. Lunches will need to be prepared and available during breakfast hours to meet the need of field day exercises where students are not on-site during lunch hours. Lunches should be provided in the “sack lunch form” to meet the needs of wildland firefighters work environment. (See bid for breakdowns of price per meal.)
Mealtimes as follows:
• Breakfast: 0530 – 0730 am
• Lunch: 1200 – 1300 pm
• Dinner: 1800 – 2100 pm
Dinner Type and Count (980 meals total, 70 meals each mealtime)
June 5 – Dinner first meal (70)
June 6 – Breakfast, sack lunch, and dinner (210)
June 7 - Breakfast, sack lunch, and dinner (210)
June 8 - Breakfast, sack lunch, and dinner (210)
June 9 - Breakfast, sack lunch, and dinner (210)
June 10 – Breakfast only (70)
Total Meals: 980
Meals will be served in a Buffet style.
See below for meal standards.
BLM Vale District Office, Oregon Page 5 of 61
Hot Breakfast
• Eggs - 2 fresh eggs (3 when scrambled) or 6 oz. of liquid eggs (no egg product or powdered eggs).
• Meat - 4 oz. (raw weight).
• Bread – 1 to 1 ½ oz.
• Pancakes, French Toast or Waffles or equivalent– 3 to 4 oz.
• Potatoes - 6 oz. or equivalent starch.
• Milk - 1/2 pint.
• Fresh or Canned Fruit - (no apples or oranges).
• Chilled 100% Fruit Juice – minimum 5½ oz.
Sack Lunch
Regular and vegetarian sack lunches shall be provided as ordered. Vegetarian sack lunches shall be prepared for the
Ovo-Lacto vegetarian classification level and shall consist of the same quantities and items as regular sack lunches.
Non-meat protein substitutes such as vegetarian lunch meats may be used in vegetarian sack lunches.
Definition: Ovo-Lacto Vegetarian - This is the most common form of vegetarianism. Ovo-Lacto vegetarians do not eat meat, chicken, fish, or flesh of any kind, but do eat eggs and dairy products.
The sack lunch consists of four categories of food items. In preparation of the sack lunches, no two items in each category shall be the same.
Note: Pre-prepared sandwiches shall not be frozen. Sack lunches shall consist of the following items:
Category 1
Primary Meal - 1 Sandwich/Wrap
• The sandwich/wrap shall be wrapped in plastic wrap or plastic bags.
• The sandwich/wrap shall contain a minimum of 2 oz. of bread or bread equivalent.
• The meat sandwich/wrap shall contain a minimum of 4 oz. sliced whole muscle or variety meat or a combination of meat and natural cheese.
• The Vegetarian primary meal must consist of a minimum of 1 sandwich or wrap and shall contain 4 oz. of a non-meat protein.
• Appropriate individually packaged condiments shall be provided and not be put directly on the sandwich.
Category 2
Secondary Meal - 1 Variety Item
• Vendors shall select 1 item from this category. Vendors may choose a variety of items for the secondary meal.
Category 3
• Salads, Fresh Fruit, and Fresh Vegetables - Contractors shall select 2 different items from this category.
• Salads - Shall be made with a non-mayonnaise base and shall have a minimum volume of 4 oz.
• Fresh Fruit - Acceptable whole fruits may be apples, pears, stone fruit (peaches, nectarines, plums, etc.), oranges, bananas, etc. Whole fruits shall be equivalent in size to 100 count apples or 88 count oranges.
Fruits requiring packaging shall be a minimum volume of 8 oz. cup.
• Fresh Vegetables - Shall be a minimum volume of 8 oz. cup. Category 4
• Energy Snacks - vendors shall select 3 items from this category.
• Energy Snack - Factory-wrapped or resealable individually wrapped by the contractor at the incident. All
BLM Vale District Office, Oregon Page 6 of 61 ingredients shall be listed on the label for easy identification.
Hot Dinners
Primary entrée/hot dinners shall include the items and quantities identified below. Meat (Raw Weight)
• Steak -10 oz. (boneless) or 14 oz. (bone-in), or
• Beef - 10 oz. (boneless) or 14 oz. (bone-in), or
• Beef and Pork Ribs - 10 oz. (boneless) or 18 oz. (bone-in), or
• Pork - 10 oz. (boneless) or 14 oz. (bone-in), or
• Lamb - 10 oz. (boneless) or 14 oz. (bone-in), or
• Poultry - 8 oz. (boneless) or 14 oz. (bone-in), or
• Ham - 8 oz. (boneless) or 12 oz. (bone-in), or
• Fish - 8 oz., or
• Buffalo – 10 oz. (boneless) or 14 oz. (bone-in)
Second Entrée (Non-Meat) – Shall contain 4 oz. or more of non-meat protein referenced in
• Vegetables - 4 oz.
• Potatoes - 6 oz. or equivalent starch.
• Bread - Two 1 to 1½ oz. slices or equivalent starch.
• Milk - 1/2 pint.
• Dessert - 4 oz.
• Two salads - 4 oz. each
Vegetarian Dinners shall be prepared for the Ovo-Lacto vegetarian classification level and shall consist of the same quantities and items as regular dinners.
(End of Statement of Work)
BLM Vale District Office, Oregon Page 7 of 61
INSPECTION AND ACCEPTANCE
The following clause is incorporated by reference:
Clause Title Date
52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984
(End of Inspection and Acceptance)
BLM Vale District Office, Oregon Page 8 of 61
DELIVERIES OR PERFORMANCE
F.1.0 PERIOD OF PERFORMANCE
The contract shall commence from June 5th through June 10th, 2023.
F.2.0 PROGRESS PLAN
At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.
The following clause is incorporated by reference:
52.242-15 STOP WORK ORDER AUG 1989
BLM Vale District Office, Oregon Page 9 of 61
The following clauses are provided n full text:
CONTRACT ADMINISTRATION DATA
The following local clauses are provided in full text:
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)
(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The
Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System
(CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.
(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at 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.
https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/
BLM Vale District Office, Oregon Page 10 of 61
(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the
Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.
(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for
Government use supporting source selection actions after it has been finalized.
(End of clause)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)
(APR 2013)
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice
Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable
Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –
Commercial Products and Commercial Services included in commercial products and commercial services contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice
1. Invoice billed according to contract line items and rates.
2. If final payment is billed, the last invoice shall state “FINAL”.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The
Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP
Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the
Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org
BLM Vale District Office, Oregon Page 11 of 61
SPECIAL CONTRACT REQUIREMENTS
1.0 ACCESS
In the event of a site/facility closure, the Contractor shall not perform or make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.
2.0 WORK HOURS
Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.
3.0 ENVIRONMENTAL INTERRUPTION OF WORK
3.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.
3.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species
Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.
4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.
4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the
Contracting Officer immediately in writing giving the location and nature of the findings.
4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract
Clauses Section of this contract.
4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.
5.0 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13
October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);
the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control
Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16
BLM Vale District Office, Oregon Page 12 of 61
U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the
Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the
United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the
Government for all such liability.
6.0 HAZARDOUS MATERIALS
Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.
Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR
1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.
7.0 GREEN PROCUREMENT REQUIREMENTS
In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:
• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.
• USDA Biobased product listings published at www.biopreferred.gov.
• Energy Star® product listings published at www.energystar.gov/products.
• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories
Contractor shall comply with all reporting requirements stated in the applicable clause(s):
• 52.223-1 Biobased Product Certification
• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
• 52.223-4 Recovered Material Certification
• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items
• 52.223-15 Energy Efficiency in Energy Consuming Products
• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts
8.0 RESTORATION OF RESOURCES
8.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.
Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.
http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories
BLM Vale District Office, Oregon Page 13 of 61
8.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.
9.0 UNAUTHORIZED PERSONNEL
The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.
10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE
If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.
Information on obtaining this license may be obtained from:
Bureau of Labor and Industries Contact: Licensing Unit
Wage and Hour Division Telephone: (503) 373-1463
3865 Wolverine St. NE; E-1 Fax: (503) 373-7636
Salem, OR 97305-1268
11.0 FIRE DANGER SEASON
If the COR allows the Contractor to continue work during periods of declared fire danger or season, the
Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in the attachment at the end of this section.
The following clause is provided in full text:
1510-52.222-70 – MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT
REGISTRATION MAINTENANCE
(a) As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker
Protection, the Contractor shall maintain all necessary U.S. Department of Labor registrations during the performance period of this contract. Failure to maintain a valid registration is grounds for termination of this contract.
(b) In compliance with the Migrant and Seasonal Agricultural Worker Protection Act, the Contractor shall provide the following to meet minimum safety and health standards for housing employees when camping on Federal lands:
(1) A shelter to provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect the workers from the cold.
(2) Sanitary facilities for storing food. Ice chests or coolers, with ice supply made from potable water replenished as necessary, to meet the requirement for storage of perishable food items.
BLM Vale District Office, Oregon Page 14 of 61
(3) An adequate and convenient potable water supply, approved by the appropriate health authority, in each camp for drinking and cooking purposes. As an alternative, commercial bottled water may be used.
(4) Toilet and hand washing facilities adequate for the capacity of the camp, at not less than a 1:15 ratio, supplied with adequate toilet paper. Such facilities shall be maintained in a sanitary condition.
(5) Fly-tight, rodent-tight, impervious, cleanable or single service containers to be used for the storage of garbage. Such containers shall be kept clean and emptied when full.
(6) Basic first aid supplies under the charge of a person trained to administer first aid.
(7) A laundry tray or tub for every 30 workers, or transportation, at least weekly, to a commercial laundromat for all workers.
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
BLM Vale District Office, Oregon Page 15 of 61 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.
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
BLM Vale District Office, Oregon Page 16 of 61 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)
BLM Vale District Office, Oregon Page 17 of 61
CONTRACT CLAUSES
The following provision is incorporated by reference:
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017
The following clauses are incorporated by reference:
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020
52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS MAY 2011
52.224-1 PRIVACY ACT NOTIFICATION APR 1984
52.224-2 PRIVACY ACT APR 1984
52.232-11 EXTRAS APR 1984
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
CONTRACTORS
NOV 2021
52.245-1 GOVERNMENT PROPERTY SEP 2021
52.245-1 GOVERNMENT PROPERTY – ALTERNATE I APR 2012
52.245-9 USE AND CHARGES APR 2012
52.253-1 COMPUTER GENERATED FORMS JAN 1991
The following clauses are provided in full text:
52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
BLM Vale District Office, Oregon Page 18 of 61
(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for
Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award
Management), or applicable agency procedures.
https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34
BLM Vale District Office, Oregon Page 19 of 61
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31
U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
https://www.acquisition.gov/far/part-52#FAR_52_212_5
BLM Vale District Office, Oregon Page 20 of 61
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the
Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2
BLM Vale District Office, Oregon Page 21 of 61
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the
Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.
1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.
431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in…
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