L15PS00330_B-M_final.doc

MATOC for PRESCRIBED BURN FIRE ENGINE & TENDER SERVICES

SOLICITATION NO. L15PS00330

BLM EUGENE DISTRICT OFFICE, Eugene District Office area of responsibility

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

This is for a Multi-Agency, Multiple Award Task Order Contract (MATOC), Firm Fixed Price Commercial Items Services Contract for prescribed burn fire engine and tender services in the BLM Eugene district area of responsibility, Oregon. Award will be on an item basis.

The maximum value of this MATOC is $400,000.00 from the time of award.

The minimum guarantee is $5,000.00 per award that will satisfy the minimum guaranteed quantity to be ordered on this contract. The minimum guarantee may be satisfied by one task order or the cumulative value of multiple task orders and/or modifications.

This contract is open to agencies within the Department of the Interior, and U.S. Forest Service. Section G addresses ordering authority and procedures for issuance and administration of task orders.

YEAR ONE, (August 17, 2015 through December 31, 2015)

YEAR TWO, (January 1, 2016, thru December 31, 2016)

YEAR THREE, (January 1, 2017, thru December 31, 2017)

YEAR FOUR, (January 1, 2018, thru December 31, 2018)

YEAR FIVE, (January 1, 2019, thru December 31, 2019)

DR = Daily Rate PERIOD OF PERFORMANCE: See Section F.

(End of Section B)

SECTION C – STATEMENT OF WORK

C.1.0

GENERAL

C.1.1 Introduction - This project requires fire management services to reduce the risk of wildland fires and enhance ecosystem values.

C.1.2 Background - Project areas are wetlands, grasslands, shrub fields, or forested areas. Prescribed burning activities will primarily occur September through October, but may occur at any time of year.

C.1.3 Scope - The intent of this solicitation and any resultant contract is to obtain staffed water handling equipment (Engines and Water Tenders) for preparation, implementation, mop-up, and patrol of local prescribed fire incidents. The Contractor is responsible for all equipment, materials, supplies, transportation, lodging, personnel, and supervision and management of those personnel, necessary to meet or exceed the specifications.

C.1.4 Location of Project Areas - The work will be performed in northwest Oregon within Benton, Lane, Linn, Marion, Polk, and Yamhill counties. The majority of the work will occur within 10 miles of the West Eugene Wetlands Partnership Office located at 751 South Danebo, Eugene, OR. See Contract Area Map, SECTION J - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS, Attachment No. 2.

C.2.0

DEFINITIONS

CO – Contracting Officer COR – Contracting Officer’s Representative Engine - Self-propelled unit equipped with a suitable tank, pump, hose, nozzle, and accessories.

Engine Boss – ENGB, Firefighter 1 - FFT1, and Firefighter 2 – FFT2 - Standard classifications of positions on fire projects as defined in the Wildland Fire Qualifications Subsystem Guide published by the National Wildfire Coordinating Group, Publication Numbers PMS 310-1 and NFES 1414. Available under “Qualifications” at the following website: http://www.nwcg.gov.

Gel – A water-based fire retardant polymer gel which complies with USDA Forest Service Specification 5100-306a Specification for Water Enhancers (Gels) for Wildland Firefighting.

PI – Project Inspector Prescribed Fire - Controlled application of fire to wildland fuels in either their natural or modified state, under specified environmental conditions which allow the fire to be confined to a predetermined area and at the same time to produce the intensity of heat and rate of spread required to attain planned resource management objectives.

Resource - A staffed and fully equipped Engine or Water Tender.

Water Tender - Self-propelled unit equipped with suitable tank, pump, pump power unit, hose, suction line, and accessories as required.

C.3.0

CONTRACTOR-FURNISHED PROPERTY AND SERVICES

C.3.1 The Contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described herein.

C.3.2 Equipment Requirements C.3.2.1 In addition to these requirements, Engines and Water Tenders shall meet all State Motor Vehicle Requirements.

C.3.2.2 The Contractor shall provide equipment that meets all applicable state and federal laws relating to motor vehicles and equipment.

C.3.2.3 No Engine or Water Tender shall exceed the manufacturer's Gross Vehicle Weight Rating (GVWR) or Gross Axle Weight Rating (GAWR) per axle when the vehicle is fully loaded and equipped.

C.3.2.4 The pump, as mounted, shall be capable of drafting water from a water source located 10 feet vertical distance below the pump head through the required 20 feet of suction hose.

C.3.2.5 All equipment inventory shall be permanently marked with vendor/company identification. In addition, the vendor is to maintain a complete inventory list, including any extra items they may be carrying.

C.3.2.6 Contractor shall have current copies of the following documents for each engine or water tender resource:

a. Current Annual Department of Transportation Inspection or Commercial Vehicle Safety Alliance (CVSA) Report.

b. Current proof of insurance.

c. Current vehicle registration for applicable equipment.

d. Manufacturers certification of GVWR and GAWR affixed to the vehicle or certification from a Final Stage Manufacturer. A line sheet from the Manufacturer with VIN number along with GVWR and GAWR is acceptable.

e. Current (within 1 year) certified fully loaded weight receipt

f. In place of the above, a copy of the offeror's current US Forest Service VIPR I-BPA Water Handling Agreement may be substituted.

C.3.2.7 Personal Protective Equipment. Contractor shall be responsible for ensuring all personnel arrive at the project with the proper Personal Protective Equipment as prescribed in the contract. Contractor shall be responsible for ensuring the Personal Protective Equipment is operable and maintained in good repair. Contractor shall be responsible for ensuring that all personnel arrive with the following Personal Protective Equipment (PPE):

· Boots: All Leather uppers, lace-up type, minimum of 8 inches high with lug type sole exhibiting minimal wear.

· Hard Hat: Hard hat meeting NFPA Standard 1977 is required.

· Gloves: One pair of heavy-duty leather per person.

· Eye Protection: One pair per person (meets standards ANSI Z87, latest edition).

· Hearing Protection: Use hearing protection whenever sound levels exceed 85 dB.

· Head Lamp: With batteries and attachment for hardhat.

· Fire Shelter: New Generation Fire Shelter is required, per person.

· Flame Resistance Clothing: Flame resistant shirt and pants must be certified to NFPA 1977.

C.3.2.8 Furnish at least one portable radio per resource. Radios must be programmable and capable of communicating with narrow band federal and State frequencies. The radio must be capable of operating in the frequency range of 148MHz to 174MHz in the analog wide band (25KHz) and narrow band (12.5KHz) modes. Radios capable of accepting a clone from a BK Radio DPHx5102x radio are suggested. The contractor shall provide any software, hardware, and knowledge needed to put the radio into service on any valid frequency and bandwidth assigned.

C.3.2.9 Engines

C.3.2.9.1 Minimum standards for engines:

1 FFT1 or FFT2

1 ENGB

1 FFT1 or FFT2

*This exceeds the minimum tank capacity specified in PMS 410-1.

C.3.2.9.2 All engines shall have operational all-wheel or multiple axle drive capability.

C.3.2.9.3 Tow-behind units are not acceptable for engines.

C.3.2.9.3 All Engines shall have pump and roll capabilities. The vehicle drive engine and drive train shall be arranged so that the pump can deliver at least its rated capacity or 20 GPM, whichever is less at a gauge pressure of 80 psi, while the fire apparatus is moving at 2 mph or less.

C.3.2.9.4 Engines shall have chainsaws with a minimum of 18 inch guide bar and a 3.0 cubic inch size motor. A chainsaw kit is also required and shall have the following items: Chainsaw protective wrap around leg chaps that meet the current industry standards approved by OSHA, extra chain, scrench, chain file, felling axe, felling wedge, and an OSHA approved fuel container for holding chainsaw engine fuel oil mixture and guide bar oil.

C.3.2.9.5 The Engine shall be equipped with a live reel with a minimum of 100 feet of non-collapsible (booster) hose with combination nozzle. Hose shall be connected to the water supply. The hose shall not be less than ¾ inch inside diameter. This 100 feet of hose is in addition to the hose specified in 3.2.8.8.

C.3.2.9.6 Engines shall be equipped with a rapid shutoff valve that permits the attachment of a 1-1/2 inch hose.

C.3.2.9.7 All engines shall be staffed by a qualified Engine Boss (ENGB) and a Firefighter Type 1 or 2 (FFT1 / FFT2). These personnel shall be:

· familiar with and skillful in operating the equipment they are staffing;

· current with RT-130 Annual Fireline Refresher including fire shelter;

· trained and carded in accordance with NWCG Wildland Fire Qualifications System Guide PMS 310-1;

· licensed with a Commercial Drivers License, when required by state law.

C.3.2.9.8 Required Tools, Hose, and Fittings:

· 1 Pulaski hand tool

· 2 Reinhardt or combination hand tools

· 2 flapper hand tools

· 1 chain saw with kit (see 3.2.8.4)

· 1 hydrant wrench, adjustable 8”

· 1 fire hose clamp

· 1 spanner wrench, 5” (1” to 1½” hose)

· 1 spanner wrench, 11” (1½” to 2½” hose)

· 20 feet of suction hose with screened foot valve

· 300 feet hose, 1½” NH

· 300 feet hose, 1” NPSH

· 300 feet hose, ¾” NH

· 2 gated wyes, 1½” NH

· 2 gated wyes, 1” NPSH

· 1 gated wye ¾” NH hose

· 1 reducer, 2½” NH female to 1½” NH male

· 4 reducers, 1½” NH female to 1” NPSH male

· 1 reducer 1” NPSH female to ¾” NH male

· 2 forester nozzle, 1” NPSH

· 2 adjustable nozzle, 1” NPSH

· 2 adjustable nozzle, ¾” NH

· 2 backpack pumps

· 1 drip torch

· 10 fusees

· 1 portable programmable radio (see 3.2.7)

C.3.2.9.9 In addition to specifications applicable to Type 4 Engines, Gel Engines shall:

· Come equiped with gel which complies with USDA Forest Service Specification 5100-306a Specification for Water Enhancers (Gels) for Wildland Firefighting. The vendor must self-certify that the gel complies with these specifications if it is not on the Forest Service Qualified Products List.

· Come equipped with sufficient supply of gel to treat 2500 gallons of water per day;

· Mix gel via an onboard proportioner.

· Be capable of pumping gel through a standard 1½” NH hose.

· Come equipped with 4 nozzles capable of applying gel (nozzles specified in 3.2.8.8 may meet this requirement) C.3.2.10 Water Tenders

C.3.2.10.1 Minimum standards for Water Tenders:

Water Tender

C.3.2.10.3 All Water Tenders shall be staffed by a driver / operator familiar with and skillful in operating the equipment they are staffing. The operator is not required to hold any NWCG wildland fire qualifications, but must have successfully completed the RT-130 Annual Fireline Refresher including fire shelter within the previous 12 months.

C.3.2.10.3 Required Tools and Fittings:

· 1 hydrant wrench, adjustable 8”

· 1 spanner wrench, 11” (1½” to 2½” hose)

· 20 feet of suction hose with strainer or screened foot valve

· 50 feet hose, 2½” NH

· 100 feet hose, 1½” NH

· 1 reducer, 2½” NH female to 1½” NH male C.3.3 Personnel: Each employee must provide copies of current Wildland Fire Qualification System certification records for each employee identifying the qualifications for the position the employee is occupying. Information on the certification card shall include: Name of the person typewritten or printed, list of position(s) the person is qualified for (as defined by the Wildland Fire Qualification System Guide (PMS 310-1) available at http://www.nwcg.gov/pms/docs/docs.htm). Certification cards must be signed by the Certifying Official (Contractor or MOU Training Provider) validating the qualifications of the contractor or contractor's employee(s). Wildland Fire Qualification System certification cards must be valid for the position the employee is occupying at the time work is ordered.

The Contractor shall provide a means of communication whereby the Government can leave a message and receive a response within 8 hours. The Government will consider the Contractor notified to begin work when the message has been delivered. This system must be in operation 24 hours per day.

C.3.4 Work Camps - Camping on agency-administered lands will only be allowed in approved sites and with the prior written authorization of the responsible land manager. Should such a work camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. All fire regulations and permits shall be followed. All garbage and refuse shall be removed from the camp site(s) by the Contractor and disposed of off site before final payment is made.

C.3.5 Noxious Weeds - Insure that all equipment is cleaned off prior to operating on Government lands. Remove all dirt, grease, and plant parts that carry noxious weed seeds or vegetative parts. This may be accomplished with a pressure hose.

C.3.6 Security of Equipment and Property - The Contractor may leave equipment at the work site, the West Eugene Wetland Partnership Office, or other government facility with prior approval. The Contractor shall be fully responsible for equipment if it should be lost, stolen or damaged.

C.4.0

GOVERNMENT FURNISHED PROPERTY

Not applicable.

C.5.0

SPECIFIC TASKS

C.5.1 Resources may be ordered by the Government when the Government is conducting prescribed fire and is in need of assistance.

Engine, Type 4 - Consisting of one (1) Engine, meeting minimum specifications of a Type 4 (750 gallons), with operator and assistant.

Engine, Type 6 - Consisting of one (1) Engine, meeting minimum specifications of a Type 6 (250 gallons), with operator and assistant.

Water Tender - Consisting of one (1) Water Tender, with operator.

C.5.2 Work assignments will average 8 to 10 hours per day. Individual assignments may range from as few as 3 hours and shall not exceed 16 hours per day. All water delivery vehicles shall be full of water prior to arrival to the work site.

C.5.3 Task orders will be issued for resources in advance of anticipated need.

C.5.3.1 Ordered services may be canceled 4 or more hours in advance of need without an adjustment to the contract.

C.5.3.2 Cancellation of ordered services in less than 4 hours will result in each resource being paid the entire Daily Rate.

C.5.3.3 Multiple resources may be requested simultaneously.

C.5.4 Should the Contractor quit work early or leave work before being released, the task order may be considered in default. Payment will be made for work completed.

C.5.5 Start-Work Procedures - The Government will notify the Contractor of the resource required. The Contractor shall notify the COR or PI of any concerns or questions regarding understanding of, or Contractor’s ability to successfully achieve the objectives. This notification shall occur at the time of ordering, briefing, or anytime during the shift. The Contractor shall be required to respond and arrive at the agreed upon location at a specified time for the briefing. At the briefing, the Government will provide the Contractor with the following:

a.

Briefing on objectives and assignments for ignition and holding assistance;

b.

Communications instructions and chain of command;

c.

Identification of any priorities;

d.

Safety concerns and issues; and e.

Anticipated length of shift.

C.5.6 Estimated amount to be ordered each year:

Description Estimated amount per year Unit

(End of Section C)

SECTION E – INSPECTION/ACCEPTANCE/PAYMENT

E.1.0

INSPECTION/ACCEPTANCE

E.1.1 Method of Inspection

E.1.1.1 All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

E.1.1.2 The COR and/or PI will be on site during operations. The Contractor's activity will be monitored throughout the operation for compliance with the daily shift plan, briefing, and directions from prescribed fire supervisor.

E.1.2 Acceptance - Acceptance of ignition and holding assistance will be made by the COR, if the Contractor is in compliance with the specifications for satisfactory ignition and holding.

E.2.0

BASIS OF PAYMENT

E.2.1 Method of Measurement - Resources are measured on a Daily Rate. Daily Rate shall apply from the hours of 0001 thru 2400, regardless of number of hours worked. Daily Rate starts when Resource(s) arrive at the predetermined work site or meeting location.

E.2.3 Invoicing - Invoices shall be submitted not more frequently than once every two weeks for a given task order.

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0

PERIOD OF PERFORMANCE

The contract shall commence from date of award until December 31, 2019.

YEAR ONE: AUGUST 17, 2015 TO DECEMBER 31, 2015

YEAR TWO: JANUARY 1, 2016 TO DECEMBER 31, 2016

YEAR THREE: JANUARY 1, 2017 TO DECEMBER 31, 2017

YEAR FOUR: JANUARY 1, 2018 TO DECEMBER 31, 2018

YEAR FIVE: JANUARY 1, 2019 TO DECEMBER 31, 2019

Performance periods for task orders will be specifically designated in the individual task orders. Performance time will determined by each individual task order, provided that the units come into prescription, smoke management clearance is granted, and a decision is made by the Government to burn.

F.2.0

PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details it’s 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:

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1.0 CONTRACTING OFFICER'S REPRESENTATIVE and PROJECT INSPECTOR DEFINITION

The “Contracting Officer’s Representative (COR)” is delegated expressed limited authority by the Contracting Officer to assist in the technical monitoring and administration of the contract.

The "Project Inspector" means the person designated by the COR to perform, as needed, on-the-job Government inspection of work accomplished by the Contractor.

G.2.0

RESPONSIBILITIES OF THE COR AND PI

G.2.1 The COR’s authorities and responsibilities are defined in the COR’s Designation Letter. The COR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of work but in no way deviate from the contract terms and conditions. The COR is NOT authorized to issue changes pursuant to the changes clause or to in any other way modify the contract.

G.2.2 The COR is responsible for verifying the Contractor’s compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

G.2.3 The Project Inspector is responsible for checking the Contractor's compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

G.3.0

ORDERING AUTHORITY

This contract is open to the agency(ies) stated in Section B. Ordering activities shall follow the procedures of this paragraph when placing an order against this contract. All orders shall comply with the terms and conditions set forth in the contract. The ordering agency is responsible for ensuring all necessary protocols and coordination, as well as proper procuring, administering and terminating warrant authorities, are in place for the issuance, administration and closeout of a task order.

G.3.1 All task orders shall include a Statement of Work that includes a description of work to be performed, location of work, period of performance, deliverable schedule, applicable performance standards, and any special requirements. To the maximum extent practicable, the agency requirements shall be performance-based statements.

G.3.2 The ordering agency shall document price reasonableness and any other required justifications prior to award, to include contract action reporting in the Federal Procurement Data System – Next Generation (FPDS-NG) system.

G.3.3 Upon award of the task order and modification thereof, the ordering agency shall furnish a copy of the task order award and any modifications thereto to the IDIQ Contracting Officer within three (3) days of an award.

G.3.4 The ordering agency Contracting Officer may elect to designate a Contracting Officer’s Representative (COR) from its own activity. In such event, the Contracting Officer shall ensure that all training and certifications are valid prior to designation.

G.3.5 The ordering agency is responsible for payment and disbursement, to include disputes and claims.

G.3.6 The ordering agency is responsible for maintaining the task order file and file disposition.

G.3.7 The ordering agency shall report any litigation, illegal activity, or any other serious criminal or civil matters that arise in the performance of the task order, immediately to the IDIQ Contracting Officer.

G.4.0

TASK ORDERS

G.4.1 Each Contractor under the MATOC is awarded a competitive Indefinite Delivery, Indefinite Quantity contract to solicit and award task orders from. A competitive Request For Quote (RFQ) for a new task order will be issued to all Contractors under the MATOC under the applicable line item in accordance with FAR 16.505(b)(1) unless excepted by FAR subpart 16.505(b)(2). The request for proposal will provide and identify:

· Bid Schedule

· Additional and/or Supplemental Plans and Specifications

· Clause 52.211-10 Commence, Prosecution, and Completion of Work

· Any additional clauses and provisions (not included in the Basic MATOC) that may apply

· Site Visit and/or Preproposal Conference, if necessary

· Proposal submission requirements

· Basis of award (evaluation factor(s) for award to include: Price, and Past Performance G.4.2 Award of the task order will be made on the basis of award stipulated in the RFQ to the responsible MATOC Contractor.

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

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

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

1.

Invoice billed according to contract line items and rates.

2.

If 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 Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0

WORK HOURS

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

H.2.0

ENVIRONMENTAL INTERRUPTION OF WORK

H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

H.3.0

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.3.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

H.3.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

H.3.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

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

H.4.0

ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.5.0

HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.6.0

GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

· U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

· USDA Biobased product listings published at www.biopreferred.gov.

· Energy Star® product listings published at www.energystar.gov/products.

· FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories Contractor shall comply with all reporting requirements stated in the applicable clause(s):

· 52.223-1 Biobased Product Certification

· 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

· 52.223-4 Recovered Material Certification

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

· 52.223-15 Energy Efficiency in Energy Consuming Products

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

H.7.0

RESTORATION OF RESOURCES

H.7.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

H.7.2 Site and Access Roads – Site and public or private access roads negligently 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.

H.8.0

UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding 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.9.0

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.

FIRE REQUIREMENTS PROCEDURES OUTLINE

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

1. CLOSED FIRE SEASON

The closed fire season means that fire season has been declared. ORS 477.505 gives the State Forester the authority to establish the fire season. The authority has been delegated to the District Foresters around the state who issue public notices through the newspapers and radio when fire season will be closed for their individual districts. Closed fire season depends upon the drying of forest fuels, rainfall, and time of year. During the closed fire season, the following requirements must be met:

· Fire tools must be on site;

· Fire extinguisher must be in all vehicles;

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

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

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

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

There are 4 fire precaution levels that begin with level 1 at the start of the closed fire season and can go through level 4 if conditions warrant. The fire precaution levels restrict certain forest operations as the fire danger increases. It is the responsibility of the individual operating on forest land to know the precaution level for the day and take the correct fire precautions. There are no precaution levels prior to the closed fire season. Each fire precaution level requires adherence to the restrictions applicable to all lower levels in addition to the limits placed by that level.

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

Level 2 is the partial hootowl where saws can operate from first light in the morning until 1:00 p.m. in the afternoon. From 1:00 p.m. until the end of the day saws are to be shut down. Waivers for operating beyond the 1:00 p.m. shutdown will be evaluated on a site-by-site basis.

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

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

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

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

· 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

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

Pulaskis

Shovels

Hazel hoes

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 Section H)

SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

The following clauses are provided in full text:

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4 ___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).